The recent outrage against the 2012 National Defense Authorization Act has sparked a lot of talk of nullification. I’ve written about it once or twice, as have many others more well versed. Nullification, simply put, is the act of a state declaring that a Federal Law is null and void due to being unconstitutional. There is plenty of historic evidence that the states have this power (Kentucky Resolutions of 1798; Virginia Resolutions of 1799; 10th Amendment) and some states have availed themselves of this power in the past. Virginia recently passed a law making it illegal for any state agent or officer to assist and Federal agent or officer in detaining a citizen without due process. That’s a big (and beautiful) step.
But is this power limited to States? Why should it be? The 10th Amendment proclaims that all powers not specifically assigned to Federal Government by the Constitution inherently stay with the States or with the People. Seems logical, since all political power originates from the people, and the Government is the tool formed by the people to take care of the daily business. If the power is inherently the peoples to begin with, that means those people have every right to defend themselves, whether at a state, county, city, or neighborhood level. Even if such defense is against the Great Overlords of DC. I’d argue it’s especially so, in that case.
The cities of Fairfax and Santa Cruz, California certainly don’t believe that power is only for the states. Both have passed laws making the unconstitutional deprivation of due process by the Federal Government illegal in their municipalities. Both have made the choice to stand against tyranny and defend their citizens against abuses.
What about your city?
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