Nullify

Nullify
In interpreting the 10th Amendment through the lens of the ‘Pursuance’ Clause of Article 6 of The Constitution of The United States the Nullify and 10th Amendment Movements have built an interesting stance.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Article 6 [Pursuance Clause] 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;

Under this view States may reject all Federal Laws passed that are NOT written in ‘Pursuance’ of The Constitution.

‘Pursuance’ – : the act of pursuing; especially : a carrying out or into effect
: prosecution

Therefore Laws NOT made in ‘Pursuance’ of the Constitution are NOT The (Supreme) Law of The Land. (Does that phrase sound Familiar?) This is because The Government does not have the Authority to make such Laws.
Bringing us back to ‘They are therefore null and void, and do not belong in the American Republic’.
Once a State determines that a Law is not made ‘in pursuance’ of our Constitution The State may deem such laws ‘Null and Void’.
This is Nullification.

Nullification has Precedence. The Alien and Sedition Act that banned political speech was Nullified.
The States of Wisconsin and Maine among others used Nullification to justify non-compliance with the Fugitive Slave Act. (I wonder which Party started the Fugitive Slave Act).

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