Nullification Fails, Again (This Time in North Dakota)

Matthew Spalding / May 03, 2011

In another victory for common sense and the Constitution, nullification has died a deserved death in North Dakota.  Sometimes you really can’t win for losing.

The originally proposed “Nullification of Federal Health Care Reform Law” declared the Patient Protection and Affordability Care Act (Obamacare) to be unconstitutional, and so “invalid,” “rejected” and “null” in North Dakota.  Any official, agent or employee of the United States government who tried to enforce that law would be guilty of a felony; any state officer or employee who tried to enforce the law would be guilty of a misdemeanor.

The first round of amendments wisely cut out all of that nullification nonsense. What is left is a piece of legislation that is a weak version of the Healthcare Freedom Acts passed by several states in recent years (and defeated in North Dakota in 2010).  Call it what you will, but it’s not nullification. (more…)