The Modern Independent

States’ Rights and the Doctrine of Nullification: Parsing Law from Politics

Posted by Ryan Dawkins

Last week, I wrote a blog in response to a recent New York Times article that described the ways state legislators are using the language of states rights' to challenge the overweening power of the national government.  In my blog, I argued that states rights' activists are fighting a fruitless battle against federal authority because they are using the 10th Amendment--which is poorly equipped--to wage their epic struggle.  Instead, I suggested that they need to focus on repealing the 17th Amendment, which calls for the direct election of senators.  Only by reconstituting the selection of senators from out of state legislatures, I argue, can states rights' be protected from the encroachment of federal authority.

This week, historian Sean Wilentz wrote a fantastic piece in The New Republic outlining the "historical amnesia" present across the nation with regard to "America's long, sordid affair with the states rights and the doctrine of nullification"--that is, the idea that state legislatures have the legitimate authority to nullify federal law within their own state borders.

Dean Madere’s Elusive Republic: An Interview with a Political Outsider

Posted by Ryan Dawkins

For political observers, the Republican primary contest in Colorado’s Fourth Congressional district is a foregone conclusion. State representative Cory Gardner (R-Yuma) is the run-away favorite to challenge incumbent Democrat Betsy Markey in November. Gardner carries the blessing of the national party as one of the RNC’s ‘Young Guns,’ a national organization designed for the top GOP challengers in the country, and he has been the presumptive favorite since he entered the race almost a year ago. In fact, Fort Collins City Councilman Diggs Brown, Gardner’s most competitive challenger, dropped out after finishing a distant second in a preference poll taken during the Republican caucuses on March 17th.

Not all of Gardner’s opponents have taken his impressive showing as a reason to quit, however. Dean Madere of Loveland has decided to continue with his insurgency campaign . Only entering the race last November, Madere’s candidacy is the product of the burgeoning 9-12 and Tea Party Movements in Northern Colorado, where he also draws most of his support. His campaign war-chest is so meager that he isn’t required to file a campaign financial report. Nevertheless, despite the diminutive size of his grassroots campaign, his supporters are motivated and passionate, and because of that, he still managed to register 11% in the preference poll done at the GOP caucuses in March.

States’ Rights Activists Focus on the Wrong Amendment

Posted by Ryan Dawkins

On Monday, Colorado Attorney General John Suthers announced that he was joining with attorney generals from 11 other states to challenge the constitutionality of the health care overhaul passed by Congress over the weekend. According to Suthers, the mandate that required everyone to own insurance violates the 10th Amendment because "such an expansion of the current understanding of the Commerce Clause would…render the 10th Amendment meaningless."

Suthers' appeal to the 10th Amendment to challenge federal authority is only the most recent example of the growing disenchantment by state and local authorities with the perceived abuse of federal power over the last year. Indeed, last April, Texas Governor Rick Perry made national headlines protesting President Obama's stimulus package by invoking the 10th Amendment's claim to states' rights. Deeming the President's actions unconstitutional, Perry argued that "the federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state." I believe, he continued, "that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union."