How Should We Interpret the Constitution?

From americanthinker.com -The Constitution is plainly written. It was intended to be easy to understand. The Constitution is also short. Why do we need a process for interpreting the Constitution? If we have such a process for divining the meaning of the Constitution, why should that process be secret deliberations of nine judges who are effectively unaccountable to the people? The issue, after ObamaCare, has become more than academic. Idaho has passed a resolution of nullification, which removes from the federal bench ultimate power to reject congressional actions as unconstitutional. The Idaho Attorney General Lawrence Wasden advises that nullification is unconstitutional, but he has no power to prevent the Idaho Legislature from passing its resolution. What happens if a number of states pass similar resolutions? More here
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2 comments:

Jerry Clark said...

Nullification is a constitutional theory that gives an individual state the right to declare null and void any law passed by the United States Congress which the state deems unacceptable and unconstitutional.
The origins of nullification are found in the Federalist-Republican debate of the late 1700s. James Madison and Thomas Jefferson in the Virginia and Kentucky Resolutions (1798) declared that the states had the right to nullify laws by which the federal government overstepped its limits of jurisprudence. Reference: American History :A Survey by Alan Brinkley

Nullification has been a tool used by states to gain attention and or put pressure on an unresponsive federal government. Historically it has been fought on both sides as to it's constitutionality; yet it has been effect to draw attention to the Constitution and to the Bill of Rights. The more we know and understand how the power of the federal government was to be limited by the cross check of judiciary, legislative, and executive powers the better off we will be. If nullification by the state of Idaho is a step toward that understanding; then the answer to your question it is an awakening that we all can support.

Anonymous said...

Someone should explain this to the mayor of Las Cruces. I would like you guys to re-play the gun control episode over and over again so everyone in Las Cruces can see to what degree he and the city council are willing to trample our founding documents in order to impose their tyranny upon us. They're a gang of anti-growth loons who show nothing but contempt for the U.S. Constitution and anyone who opposes their agenda. From their abuse of eminent domain, frivolous chartered airplane rides at the taxpayer's expense and their selective preferential treatment to certain developers the group of them have failed the citizens of Las Cruces. While the rest of us try to dig out from the nation and the state's economic devastation these characters could care less how many people are unemployed and/or whether or not new jobs can be created in Dona Ana County. It's all about their progressive agenda and that means no new jobs and no growth in Las Cruces. What's sad is this; I don't see anyone stepping up to run against these ideologues. If you asked me, the future for Las Cruces looks pretty bleak.

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