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Nullification Examined

The battle over states’ rights and federal powers

By RANDY KREHBIEL World Staff Writer
Published: 2/11/2013

Everybody is a constitutional scholar these days, it seems.

From the proposition that the Second Amendment’s sole purpose was to guarantee the right to track down runaway slaves to the resurrection of the long-discarded concept of nullification, the nation is awash with interpretations of the U.S. Constitution.

The 10th Amendment, the Second Amendment and the enumerated powers are particularly trendy. For real connoisseurs, there is the movement to repeal the 17th Amendment, requiring election of U.S. senators by popular vote instead of by state legislatures, which was the practice before 1913.

Nullification, long thought gone with the wind, has also resurfaced. Bills filed for the current Oklahoma legislative session not only declare actual or anticipated federal laws unconstitutional, but provide for felony convictions and prison time for anyone trying to enforce them.

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