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Nullification is rightful remedy

August 26, 2012
The Herald-Star

To the editor:

If those who administer the general government be permitted to transgress the limits fixed by the Constitution, by a total disregard to the special delegations of power therein contained, annihilation of the state governments and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence.

That the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers. That the several states who formed the instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.

Nullification (state interposition) is a doctrine that asserts the right of a state in the American federal union to prevent within its borders the enforcement of an act of the federal government not authorized by the U.S. constitution as interpreted by the highest legislative authority of the state.

After considering various means of interposing for arresting the progress of the evil of usurpation, one must conclude that the only avenue of redress by which a state may effectively interpose its sovereign authority is indeed nullification.

There it is, as clear as anyone could ask for: "nullification ... is the rightful remedy" against infractions of the Constitution.

Robert Yost


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