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Tenth Amendment Center: Did James Madison Reject Nullification?

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October 28, 2020

Opponents of nullification often cite James Madison – author of the Virginia Resolutions of 1798 – as conclusive evidence that the doctrine is unconstitutional and should never be used in any situation. They primarily use his own words in 1830-1835 – but almost completely ignore the context of what he wrote.

Path to Liberty: October 28, 2020

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Nullification Made Easy

Relying on Elections is a Bad Strategy

Getting it Wrong: James Madison’s 1830 Letter on Nullification

Edward Everett to James Madison (11 Apr 1830)

James Madison to Edward Everett (28 Aug 1830)

Jan 1830 – Webster Hayne Debate – Sen Robert Hayne of SC – 2nd Speech

South Carolina Exposition and Protest – Response the 1828 Tariff of Abominations

Webster’s reiteration

Mark Levin Doubles Down on James Madison and Nullification. He’s Still Wrong

Understanding Madison’s Notes on Nullification

1835 Notes on Nullification

April 1830 natural right

Jefferson’s draft of 1798

1835 natural right

Which all admit

James Madison, Thomas Jefferson, Nullification and “Insupportable Oppression”

Smashing Myths: Understanding Madison’s Notes on Nullification (handbook)

ALTERNATE VIDEO SOURCES
Watch on LBRY

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The post Did James Madison Reject Nullification? first appeared on Tenth Amendment Center Blog.

Michael Boldin
October 28, 2020 at 01:18PM

Tenth Amendment Center

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Tenth Amendment Center: Was Justice Scalia an Old Originalist?

September 28, 2017

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics. The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach. And the newer originalisms no longer hold (or act like) significantly constraining judges is essential. If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is the original meanin

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Tenth Amendment Center: Was Justice Scalia an Old Originalist?

September 28, 2017

...from Tenth Amendment Center One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a provision and a belief that significantly constraining judges is essential to the task of originalism. The newer originalisms – I use the term “newer originalisms” rather than the “new originalism” because new versions of originalism differ from one another – have abandoned these two characteristics. The newer originalisms tend to focus on the original public meaning – focusing on a more textual than intentionalist approach. And the newer originalisms no longer hold (or act like) significantly constraining judges is essential. If the original meaning is permissive – if it is unclear, vague, or delegates power to judges – then that is the original meanin

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October 30, 2020

...from Tenth Amendment Center From the foundation of the Constitution – to foundational principles of liberty – and even some strategy to support and advance both – the top-15 quotes from the Sage of Monticello. Path to Liberty, Fast Friday Edition: October 30, 2020 Subscribe: Apple | Spotify | Podbean | Google | Stitcher | TuneIn | RSS | More Platforms Here SHOW LINKS: JOIN TAC Show Archives Foundational Principles Free People – Summary View Rights of British America (1774) Elective Despotism – Notes on the State of Virginia (1784) Party – Letter to Francis Hopkinson (13 Mar 1789) Tyrant’s Will – Letter to Issac H. Tiffany (4 Apr 1819) Aggression – Letter to Francis Gilmer (7 Jun 1816) Constitutional structure Foundation (15 Feb 1791) True theory – Letter to Gideon Granger (13 Aug 1800) Exclusive or Final Judge & Whensoever (1798) Warnings What has Destroyed Liberty – Letter to Joseph C. Cabell (2 Feb 1816) Oligarchy – Letter to Charles Jarvis (28 Sep

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