Comments for NULLIFICATION – The Power to Right Constitutional Wrongs | Eastern NC Now

“Nullification is the doctrine, which states that any law that is made without legal authority is immediately null and void and therefore unenforceable.”
Below my two cents worth without benefit of legal training and some logical gaps I am sure.
We all practice nullification when we choose to disregard something we disagree with. In government, the law is not enforced. In private matters, it is the civil disobedience of not following the law.
The legal argument is who has the overriding authority to enforce a law. The constitution places the determination of legality in the courts but the enforcement in the executive branch.
Ignoring the law is nullification by another name.
A fundamental tenant of political arguments is to disparage the opponent when you cannot refute the facts. Thus, terms like racism, homophobic and etc. are used to divert from the argument to the participant.
States’ Rights are the form whereby individual states can refuse to enforce laws that they deem illegal. It is based on the principle from the Constitution that what is not given to the Federal Government is left to the States.
Today we have local jurisdictions practicing nullification. Sanctuary city refuse to enforce the immigration laws not because they are illegal but because they disagree with the law.
That is call anarchy and is a natural progression of a failure to make compromises based on rule by law rather than majority rules.
I have very limited legal training, but my understanding is that in the legal world “right and wrong” are not the issue. The issue is “correct or incorrect” based on the rule of law.
In my opinion, Lincoln was “incorrect” in his application of the law during the Civil War but the South was “Wrong” in its practice of slavery which was against the “certain unalienable Rights” principle expressed in the Declaration of Independence which Diane points out: after all, the Declaration itself was a secessionist document
Poorly worded or crafted laws leave open the argument of the latter but simple laws leave little legal room. “Thou shalt not steal”, is a simple example leaving little legal room for debate.
How did I do?

Commented: Sunday, July 12th, 2015 @ 6:55 am By: Bobby Tony

The magic of good sales is to make complex things simple. In this case, a complex thing is still complex!

I would appreciate a simple and rational summation of what Diane is really trying to say. I think it is good, but far to complex for most to understand.

Commented: Saturday, July 11th, 2015 @ 8:15 pm By: Gene Scarborough

One thing is for sure, next time I try to write an op-ed on my political beliefs, I will double check my facts if not my conclusions. I would hate to be ruled out of order or submit hearsay bluster.

Commented: Saturday, July 11th, 2015 @ 2:26 pm By: Bobby Tony

SD: I hope Little Friend will continue to write. I will read all her articles while on vacation. Maybe her technical training helps focus her writing.

Commented: Saturday, July 11th, 2015 @ 1:33 pm By: Ted McDonald

Bobby Tony, It is good that you recognize the estimable prowess of my little friend with such a big brain.

It is my hunch that Diane will be writing quite a bit more. We may even see her here in the comments section.

In fact, Diane just informed me that she has a book review coming to us.

Commented: Saturday, July 11th, 2015 @ 1:13 pm By: Stan Deatherage