This video is from a couple of years ago, but I think the subject is still quite relevant today. It is a recording of NPR’s “On Point with Tom Ashbrook” where Neil Siegel (a Duke Law Professor) and Tom Woods (professor of U.S. history) are guests, discussing the subject of nullification in light of the Patient Protection and Affordable Care Act.
At first, I was struck by how poor the arguments were by callers. Then, I noticed how bad the arguments by Professor Siegel were. And finally, I began wondering if they were going to let Tom Woods speak. It was quite frustrating to listen to, and what better place to vent my frustration than the Internet?
@01:22 Neil Siegel expresses that he thinks there are legitimate discussions about limits to federal power but doesn’t like the fact that such discussions often involve talking about nullification or secession. This seems strange to me for a couple of reasons: 1) he says the individual mandate is constitutional because of Congress’ taxing power, and agrees with the decision of the Raich case (where SCOTUS ruled that Congress, under the Interstate Commerce clause, has the power to regulate marijuana that has neither been sold nor crossed state lines) which to me implies he believes that there are no limits to federal power; 2) he doesn’t address how limits to federal power will be enforced. He repeatedly says that nullification is not mentioned in the Constitution and is therefore not legitimate, yet does not acknowledge the fact that neither is judicial review by the US Supreme Court. Read the rest of this entry