Is nullification constitutional

Answer 1

Really, what is or is not constitutional is what the Supreme Court says is or is not constitutional, what Congress agrees to put into affect, and what the President is willing to enforce. Andrew Jackson got Congress to pass the Force Bill to make S.C. back off Nullification. And the slave-owning brutes backed off. Now the argument was taht states are sovereign (Jefferson and Madison played with this one) and that states as singular entities or as collective entities could declare laws of Congress unconstitutional. Jackson listened to the Court (Marshall) as Marshall declared federal sup-remacy over the states in Cherokee Nation v. Georgia, but then said "Marshall has made his decision, now let him enforce it." Goegians were, in effect, nullifiying Federal Laws protecting the Indians. We all know what happened in 1860 and 1861. It took a war to settle the dispute, but not the question of Nullification. Racist southerners nullified federal laws, the Consitution, and the Supreme Court in their war against civil rights for African Americans, et al. So in reality, Nullificationis as constitutional (or unconstitutional) as those in charge say it is. Wait until and if we have federal laws allowign gay marriages or abortion, or.... We'll see the nullification thing come up again.