Nullification: An Old Bad Idea

by Stuart Shapiro

How far gone is the Republican Party in certain parts of this country?  They are resurrecting an idea from the 1820s advanced by Senator John Calhoun (pictured) that states have the right to choose which federal laws to obey.  They have done this in North Carolina, West Virginia, and Mississippi.  Steve Benen points out the craziness:

For context, it’s worth remembering that there was a rather spirited debate in the mid-19th century over whether states could choose to ignore federal laws. The debate was resolved by a little something called the U.S. Civil War — those who argued in support of nullification lost.

And for the last several generations, that was that. But as Republican politics has grown increasingly radicalized in recent years, the discredited legal principle has started to move from the outer fringes of American life to state capitols.

You know, if they don’t want to follow the laws of this country, maybe this time we should let them leave.

By: Stuart Shapiro

Stuart is a professor and the Director of the Public Policy
program at the Bloustein School of Planning and Public Policy at Rutgers
University. He teaches economics and cost-benefit analysis and studies
regulation in the United States at both the federal and state levels.
Prior to coming to Rutgers, Stuart worked for five years at the Office
of Management and Budget in Washington under Presidents Clinton and
George W. Bush.