"Risky business defying the law"
"Risky business defying the law" - NO to "NULLIFICATION"!
Commendation and gratitude to WILLIAM BARTH, Editor of The Beloit Daily News for his incisive and poignant editorial published last Saturday, “Risky business defying the law.”
Demonstrating keen awareness of our US history, Editor Barth puts on the table a very critical issue raised again with the actions of Gov. Scott Walker of WI and other GOP Governors – NULLIFICATION! Just say, "NO!" to NULLIFICATION!
issue raised again with the actions of Gov. Scott Walker of WI and other GOP Governors – NULLIFICATION!
For an informative and credible source online, I suggest the Wikipedia feature article, “Nullification (U.S. Constitution) and the specific crisis of 1832 when South Carolina passed an ordinance of nullification, “Nullification Crisis.”
Readers need to realize that WI picked up on the NULLIFICATION theory in its response to the Fugitive Slave Law.
In fact, in 1854, our WI Supreme Court became the only state high court to declare the Fugitive Slave Act unconstitutional. Ultimately, in 1859 in Ableman v. Booth the U.S. Supreme Court overruled the state court.
The courts have never given legality to the theory/concept of “nullification.”
Helpful to review Editor Barth’s editorial as he discusses the responses to the US Supreme Court’s decision last week to uphold the core of the Affordable Care Act – aka ObamaCare. He asserts that the reaction from some corners of our country has been “SHOCKING.”
He noted, “Across the country, Republican governors essentially said they will not move forward at all and will continue to resist requirements of the law.”
His discussion focuses on Wisconsin Gov. Scott Walker, “…months ago ordered the government to stop all work on implementing the act, saying he would wait until the Supreme Court ruled. After the court’s decision Walker said he still won’t proceed in any way until after the November election, in the hope that Republican Mitt Romney unseats President Obama and the GOP takes control of the Senate to repeal the law.”
Significant that the editorial clarifies the context of its warning on the response of “nullification, “Let’s make this clear: We are not carrying water for Obama or the health care reform law. Like many Americans, we have a number of reservations about the act, starting with the individual mandate requiring everyone to either buy health insurance or pay a penalty. That is an alarming extension of federal power over the people, and we were surprised a 5-4 majority of the court bought into it as constitutionally sound.”
The editorial continues, “In fairness, though, we also recognize many of the provisions contained in the law are popular with Americans — reforming the pre-existing condition exception, promoting preventive care, allowing adult children to stay longer on parents’ policies, ending lifetime caps on coverage.
“But this is what ought to raise American eyebrows, every bit as much as the intrusiveness of the individual mandate:
“This bill was legally passed by Congress and signed into law by the president. As the Constitution allows, opponents challenged the law and had their day in court. The U.S. Supreme Court upheld the heart of the act. It is undeniably the law of the land.”
I agree with Editor Barth’s strong warning to WE THE PEOPLE of the US, “…the reaction of the governors echoes a dangerous chapter in American history.
“The word is ‘nullification.’” Bill Barth earns an A+ in US History as he comments, “That historical note really began with arguments at the birth of the nation, between those who wanted either a strong or weak central government, and how much authority would be reserved to the states and the people.”
He reviews the crisis of 1832, “A crisis ensued during the presidency of Andrew Jackson, over tariffs. South Carolina, whose leading voice was the eloquent and fiery John C. Calhoun, asserted that states could refuse to follow national laws, to “nullify” acts of the federal government. Eventually a compromise was found, easing tensions, for awhile.
“Subsequent decades, though, would see the states’ rights confrontation intensify, leading to constitutional crisis, secession and ultimately to the bloodbath of the Civil War.
“Despite the angry polarization in America and Wisconsin, conditions thankfully have not approached Civil War levels. And defiance by Walker and other Republican governors has not yet reached Calhoun proportions.
“Still, any refusal to abide by laws passed, signed and then upheld by the Supreme Court should give thinking Americans pause to ponder.”
STOP! I do NOT support any attitude or behavior which builds on the theory of NULLIFICATION! Do YOU?! IF so, WHY?
Editor Barth makes cogent argument that the planning process to implement provisions of the health care act should go forward, with a key federal deadline looming just days after the November election. He clarifies, “That doesn’t foreclose the repeal option, if Romney were to win and Republicans took over the Senate. (It’s worth remembering, though, that the Senate filibuster tactic used so effectively by Democrats against Bush and by Republicans against Obama remains intact, and likely would set a 60-vote bar for repeal, making that unlikely. As we’ve noted before, what can be done by you, can later be done to you.)”
While I have my own reservation as to the editorial’s statement that it was reasonable for Walker and others to wait for the Supreme Court to act, I wholeheartedly agree with the assertion, “It is not reasonable after the ruling to move the goalpost and bet not only on Romney winning, but also on Republicans capturing the Senate — especially considering the likelihood of filibuster.”
I am sending Bill Barth’s message via e-mail to Scott Walker, “Governor, if it doesn’t work out in November, then what? The law allows the federal government to take over and impose its own plan on balky states. That’s not where Wisconsin wants to end up, so let the process begin.” What do YOU think?
The editorial concludes, “Look, we are not particularly fond of ObamaCare.
“But, equally so, we cannot abide the specter of nullification.”
NO TO NULLIFICATION in word or deed!
Here we go...
Mr. E.
John Eyster lives in the Edgerton area. He is an adjunct professor of political science at UW-Waukesha and an advocate for democracy/civics education in Wisconsin high schools. John is a community blogger and is not a part of The Gazette staff. His opinion is not necessarily that of the The Gazette staff or management.


Jul 5, 2012 at 7:22 a.m.
Suggest removal
Check your own archives.
And change your dew-rag.
Think about why you once became an atheist.
Jul 4, 2012 at 8:01 p.m.
Suggest removal
Have you tried checking your archive?
Click here! http://gazettextra.com/users/gazettefan/...
I didn't realize how much you crave my attention. Poor soul! You'll have to find some way to supplement your yearning.
Jul 4, 2012 at 6:51 p.m.
Suggest removal
Definitely backing up on you. Where're the word piles?
Jul 4, 2012 at 5:03 p.m.
Suggest removal
Yep, it was a BULLSEYE, alright!
Jul 4, 2012 at 3:34 p.m.
Suggest removal
When you use the word "bulls eye" you're misspelling what you're actually wallowing in.
Your Achilles heel is shutting you up. Your word piles are backing up on you.
Jul 4, 2012 at 10:12 a.m.
Suggest removal
I must have hit another BULLSEYE not long ago.
Jul 4, 2012 at 9:24 a.m.
Suggest removal
billnewbie, note that it doesn't mention Christ. Also note that your bible offers nothing in the way of anticipating and implementing large and economically complex democratic societies.
No mention of Christ means that the mention of "Creator" was only a tactical ploy to soothe the hostile minds of all those crazy believers back then. The same thing is going on now. Inalienable rights is actually a reference to human nature. Human nature is something your ilk has a big problem with.
Mention of god now by politicians is also evidence of a collective remnant fear of when believers used to torture and murder "infidels."
You and your ilk have given us nothing in the way of fully living and understanding the human experience. All you've done is show that some people can only be "good" if you live in fear of a horrible imaginary creature, and to soothe a pathological sense of entitlement. Such entitlement is so out of proportion to how your god causes and allows thousands of babies and children to die each day from malnutrition and dirty water.
Not to mention how "god" allows adoption practices to feed the appetite of people like Sandusky, a fellow christian.
Jul 3, 2012 at 11:30 p.m.
Suggest removal
Yep, just pretend the 2005 real ID card law the federal government passed and 25 states refused to implement using nullification doesn't exist. http://www.realnightmare.org/news/105/
Why is those that claim to be history or government experts always forget current history?
What is being done today, by states, is hardly new or cataclysmic. It is just how our government works. Allowing those people to rebel against laws most people think are bad. But expecting people to be honest about it is asking too much.
Jul 3, 2012 at 9:06 p.m.
Suggest removal
I was reading something not long ago that seems appropriate to this discussion. Here is highly a pertinent sentence. "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." The folks who wrote that were well aware of the risks they were taking. Yet they thought that an over-reaching government had to be stood up to. And they were right.
Yes, there may well be a high risk in attempting nullification of that economic disaster of a law that is Obamacare. But as any risk taker can tell you, high rewards don'tjust fall out of trees, they usually require high risk.
Obamacare will make "The Great Society" look as if it were a success in comparison. We all know how well that worked out for our country, since it still reels from the avalanche of unexpected consequences that well intentioned but ill-conceived aberration wrought. And now we are just supposed to implement another well-intentioned but ill-conceived aberration of a law, ignoring not ancient history, but the lessons learned just a few short decades ago. Is it really a high risk endeavor to resist ignoring history yet again, doing yet another "Great Society-like" welfare program thinking that this time the results will be better? Prudence demands resistance! At least until the upcoming election settles the matter as is appropriate.
Why is it that good intentions are all that matter for some folks? As long as doing good is the motivation, objecting to throwing money by the skid load into the nearest incinerator shouldn't even cross the mind of good people, according to them.
Jul 3, 2012 at 8:49 p.m.
Suggest removal
You are really bringing up the 1800's? What is the same now that was then? ....Nothing.
Jul 3, 2012 at 7:06 p.m.
Suggest removal
"defying the law"
How about the US DOJ and the potus, who refuse to enforce the immigration laws?
Jul 3, 2012 at 6:32 p.m.
Suggest removal
Fedup is a big thinker.
That is precious.
Jul 3, 2012 at 5:37 p.m.
Suggest removal
Fedup- Now that is funny! Oh, you told me. Because I accept the law of the land does nothing to diminish my freedom of thought.
Stick to your party lines, you so called "free thinker."
Jul 3, 2012 at 4:04 p.m.
Suggest removal
Fedup-paranoid much?
Jul 3, 2012 at 3:53 p.m.
Suggest removal
Constitution?
That's that thing in the museum, right?
Jul 3, 2012 at 1:30 p.m.
Suggest removal
Any time the federal,state, or local government collects money from me, it is a tax.
Call it a penalty or a tax, it makes no difference to me, the government is still doing the same thing.
Jul 3, 2012 at 1:04 p.m.
Suggest removal
This is all moot. Walker will be in shackles long before 2014 and it will be left to our new Governor to implement.
Jul 3, 2012 at 12:30 p.m.
Suggest removal
The same could be said of Act 10. Very unpopular, contested in court, found legal, and is now the law of the state. I did not support it, but it is the law and I will follow it.
So what happens in Nov. if Romney is not elected?
Jul 3, 2012 at 11:14 a.m.
Suggest removal
GaryP, Was this monstrosity presented to us as a tax on the People? No. In fact, it was emphatically, repeatedly shouted from the Halls of Congress and the Oval Office that it was NOT (sorry for the caps) a tax. And, yet, anyone with half a brain cell could see that it was--regardless of the lies that were told to the contrary. We The People have as much right to rise up against false representation as we do lack of representation. Fraud is fraud is fraud.
Jul 3, 2012 at 11:12 a.m.
Suggest removal
"Let me get this straight . . . ... We're going to be "gifted" with a health care plan we are forced to purchase and fined if we don't, Which purportedly covers at least ten million more people, without adding a single new doctor, but provides for 16,000 new IRS agents, written by a committee whose chairman says he doesn't understand it, passed by a Congress that didn't read it but exempted themselves from it, and signed by a President who smokes, with funding administered by a treasury chief who didn't pay his taxes, for which we'll be taxed for four years before any benefits take effect, by a government which has already bankrupted Social Security and Medicare, all to be overseen by a surgeon general who is obese, and financed by a country that's broke!!!!! 'What the hell could possibly go wrong?"
Jul 3, 2012 at 11:05 a.m.
Suggest removal
How do you figure that you have no representation?
Jul 3, 2012 at 10:22 a.m.
Suggest removal
John, I might agree with you and your editor friend, were it not for the fact that ObamaCare was passed under false pretenses from beginning to end--which was affirmed by the Supreme Court last week with Mr. Robert's brilliant decision of calling the Act exactly what it is: a tax on We The People. The precedent has been set here historically, that when one is taxed without representation, one may rebel against the oppressive taxing body. Remember that little scuffle we had with King George III? If I remember my history, (and you'll just have to trust that I do) that started over taxation without representation. Nullification sounds exactly like the correct first step to me.
Jul 3, 2012 at 9:53 a.m.
Suggest removal
John, you seem to be connecting with the high school crowd.
Jul 3, 2012 at 9:44 a.m.
Suggest removal
I must congratulate you here, Eyster! I can’t agree with any of your thinking – as usual – but you’ve raised the bar on your writing level substantially. It’s reasonably concise and to the point, with very little rambling or aimless wandering through your favourite rabbit holes. I could actually understand your point! At a high school level, I’d give you a C+ vice your usual F-. Careless, sloppy writing is the handmaiden of careless, sloppy thinking. That’s something you should have been preaching for decades, not learning for the first time as you’re sailing through your Golden Pond years.
If you keep this up, I may be able to actually read all the way through your blogs, and critique them properly.
Jul 3, 2012 at 8:39 a.m.
Suggest removal
Really?! - and what's your take on Contempt of Congress charges against Holder & the Justice Dept. saying/doing nothing about it or the fact that Obama admin. refuses to enforce border laws! Could you please write a more hypocritical blog tomorrow - I'm really looking forward to it!
Jul 3, 2012 at 8:22 a.m.
Suggest removal
http://www.healthcare.gov/law/timeline/f... most parts of the ACA are not required for quite a long time and might not ever take effect why start 2 years before it is even required
Jul 3, 2012 at 8:09 a.m.
Suggest removal
"Editor Barth makes cogent argument that the planning process to implement provisions of the health care act should go forward, with a key federal deadline looming just days after the November election."
"It is not reasonable after the ruling to move the goalpost and bet not only on Romney winning, but also on Republicans capturing the Senate — especially considering the likelihood of filibuster."
Eyster,
You had NO problem with the Secretary of State, Doug La Follette, waiting until the very last day to publish Walker's budget reform bill, but you seem to have a problem with Walker not following the health care mandate right away, even though he's not required to do so until November. He's not moving the goalpost.
Like you noted in your article "...what can be done by you, can later be done to you."
Jul 3, 2012 at 8:07 a.m.
Suggest removal
Huh? What in the world is he trying to say? What a bunch of gobbledygoop. Eyestercaps need to "nullify" his poor writing skills so that we can understand it.
Jul 3, 2012 at 8:04 a.m.
Suggest removal
It's interesting to me how this all of a sudden, became a tax. It was never called a tax during the legislative process, no one would have voted for it. Yet, when it hits the supreme court, now it becomes a tax? Looks suspiciously like legislating from the bench to me.
Before you post a comment, consider this:
Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy AgreementPost Comment
Commenting requires registration.