Is Nullification in the Air?

Lew Rockwell, whose work I have followed for years over at the Ludwig von Mises Institute , had an interesting conversation with Judge Andrew Napolitano on the subject of states’ rights and nullification.  The gist of the discussion was about the legitimacy (and history) of the states in effect vetoing unconstitutional laws enacted by the federal government, ignoring them and in some cases preventing the feds from enforcing them.

A good example of this are California’s medical marijuana laws.  Anyone with an intellectual interest in the US Constitution has pondered the fact that back in 1919 the congress was honest enough to admit that they had no power to regulate alcohol and therefore needed to pass the 18th amendment to grant themselves that power.  Given that there has never been a consitutional amendment passed granting the federal government the power to regulate hemp, California is completely correct when it thumbs its nose at the federal government.

This video is seven minutes long but fairly interesting, Judge Napolitano is always fun to watch:

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