How nullification works:
If the federal government passes a law that is unconstitutional a state legislature writes a resolution, passes it, then sends it to the be signed by the governor telling the federal government that the law does not exist in that state This is well within the states duties and rights.
Currently, as many as twenty five states are considering nullification tactics against a wide variety of proposed federal laws such as Real ID, gun control and health care reform. This is the answer for turning back the final health care bill that is ultimately coming.
So, just how does Uncle Sam manage to get so deeply involved in powers not delegated to the federal government? By bribery. Thanks to the misbegotten 16th Amendment, the federal government is awash in income tax dollars and can raise the tax rates at will. The government then uses the money it taxes away from to bribe us in to compliance with federal wishes. And thus if I get on a bus in Las Vegas to go to Reno, I can’t smoke per federal laws and regulations even though my action is not in any way, shape or form inter-State commerce: if Nevada wants to keep the federal spigot open, we have to comply with whatever Uncle Sam says. And this goes for just about everything we do – we have the right to refuse the federal demands, but only at the cost of losing federal subsidies.
Now, it’d be better if Nevadans (and everyone else) would just tell the federal government to jump in a lake. We’d lose massive federal subsidies, but we’d also be free from almost all federal government interference in our day to day lives. Unfortunately, this is not likely to happen – and anyone who campaigns on it would be accused of being in favor of granny starving and beating puppies to death. On the other hand, with the ferment of rebellion in the air, this might be the time to at least strike some symbolic blows against federal government intrusion.
So, as far as I’m concerned, let’s have at it – pick an issue which is irksome to your State and see if you can gin up a nullification movement on it. For Nevada, the likely target is the fact that the federal government owns 84% of our land – each State will have its own pet peeve, I’m sure. As part of a general assault upon the legitimacy of federal government intervention in State and local matters, such a movement can only be helpful.
UPDATE: Urban hospitals protest ObamaCare.
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