Constitution Watch

Nullification Redivivus

The idea of nullification – states exercising their sovereignty to “opt out” of subjection to what they consider to be inappropriate, usurpatory, or improper acts or programs of the federal government – has been around since the late 1790’s (see: the Virginia and Kentucky Resolutions).

The laws in Montana and Utah exempting intrastate manufacture, sale, and use of firearms from federal regulations, as well as the state authorizations for “medical” marijuana in contradiction to federal drug laws are current examples of the same principle being applied today.

59% Favor Letting States Opt Out of Federal Programs

Voters strongly believe that a state should have the right to avoid federal programs it doesn’t like, but they draw the line at states seceding from the union.

A new Rasmussen Reports national telephone survey finds that 59% of likely voters say states should have the right to opt out of federal government programs they don’t agree with. Just 25% disagree, while another 15% are not sure.

Looks like a good part of the concern deals with the considerable financial burden that many federal programs shift to the states through imposition of administrative regulations and program requirements.

Sixty-three percent (63%) of voters also think states should have the right to opt out of federally mandated programs if the federal government doesn’t help pay for them. Seventeen percent (17%) say states should not have the right to opt out of federally mandated programs.

In this, there is a distinct partisan bias that pits a Republican and independent majority in support of the right to opt-out against a Democrat minority:

Seventy-six percent (76%) of Republicans and 67% of voters not affiliated with either major party say states should have the right to opt out of federal programs with which they don’t agree. Just 37% of Democrats agree.

The 10th Amendment is still alive: 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.