The border crisis is something I care about and have mentioned it in my previous blogs. My question for you today is: Does Texas have the right to ignore a federal law?
The answer is: Could be. It’s called “nullification.” Simply put, it means that a state can invalidate federal laws or judicial decisions they deem unconstitutional, and it has been controversial since its inception in early American history.
Thomas Jefferson and James Madison first raised this concept in 1798 in response to the Alien and Sedition Acts. These were four laws passed by Congress that raised the residency requirements for citizenship from 5 to 14 years, authorized the President to deport aliens and permitted their arrest, imprisonment, and deportation during wartime.
Although not the first crisis that dealt with state authority over perceived unconstitutional infringements on its sovereignty, the Nullification Crisis represented a pivotal moment in American history because this was the first-time tensions between state and federal authority almost led to a civil war.
The Nullification Crisis in 1832 was caused by South Carolina’s refusal to pay taxes on goods it didn’t produce. The tariff was quite unpopular in the South, which was mainly an agricultural economy, while the North was industrial and wanted the tariff to protect its manufactured goods. The state believed it had the right to nullify any federal law not explicitly in the Constitution.
Might Texas invoke the nullification theory? Probably not. In 1958, after southern states refused to integrate their schools, the Supreme Court in Cooper v. Aaron held that nullification “is not a constitutional doctrine … it is illegal defiance of constitutional authority.”
But Governor Greg Abbott is a gutsy guy. He needs a wheelchair, but he’s got more backbone than most politicians. He just might give it a try.
As far as my opinion, I’m a “tenther,” meaning that I believe in the tenth amendment which states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
What say you? Add your comments via my website where my blog is posted at https://www.FrankVictoriaAuthor.com/blog
Frank
Frank Victoria is an award-winning author and screenwriter. He’s been an Amazon bestseller with his recent book,The Founders’ Plot, a political thriller for our times. He donates proceeds of his books to Tunnels to Towers and Fisher House, helping military veterans and first responders. His novella,The Ultimate Bet is available on his website and Amazon. Check out his new website:Frank M. Victoria
©2024 Frank Victoria
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