Abbott's Constitutional Convention Plan Ignores Existing Nullification

Abbott's Constitutional Convention Plan Ignores Existing NullificationHowever well intended Governor Abbott's plan may be to empower the states with new constitutional amendments, such as his nullification amendments (see amendment proposals five, six, and nine above), the plan unfortunately fails to recognize that states already posses the power of nullification and have successfully utilized this power even in recent years.

Article VI of the Constitution reads, in part:

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. [Emphasis added.]

According to Article VI, only the Constitution itself and the laws that are "made in pursuance thereof" to the Constitution "shall be the supreme law of the land." In other words, the only U.S. laws that are constitutionally legitimate, or "the supreme law of the land," are those that are "made in pursuance," or in accordance/agreement with the Constitution. Simply put, constitutional laws are the law of the land; unconstitutional laws are not the law of the land.

Likewise, Alexander Hamilton, in The Federalist, No. 33, wrote:

But it will not follow from this doctrine that acts of the large society which are not pursuant to its constitutional powers ... will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. [Italics in original.]

According to Hamilton, laws passed not in pursuance of or accordance to the Constitution are nothing more than "acts of usurpation" and are to be regarded as such. Thus they should not be obeyed but ignored.

Furthermore, Article VI further states:

The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution....