As I understand it, the scenario goes something like this:
- The Feds acquire taxes from citizens of the various States (by force).
- The Feds then dole out a portion of the tax revenue back to the States in the form of Federal Programs, “Stimulus” Programs, pork spending, etc.
- However, the Feds attach strings to the money being returned in a way that forces the States to do things in a specific way and according to the mandates, rules, regulations, (ad nauseam) of the Federal Government or they will cut off the money to the State.
I imagine the Feds saying what they are doing is “legal” because what they are requiring is “voluntary”.
You know. Kind of like how when you are being mugged, the transaction of handing over your wallet to the criminal is “voluntary”. It reminds me of Harry Reid saying income taxes are voluntary.
So, the States can nullify unconstitutional Federal laws. It just strikes me as unlikely.
It seems to me that as long as the citizens of each State allow themselves to be mugged by the Federal Government in the first place, the possibility of being cut off from “Federal Funds” will prevent State Nullification from having a chance.
In my opinion, it doesn’t matter if Nullification is valid and correct. It doesn’t matter that Thomas Jefferson supported the idea. It doesn’t even matter that it might be legal. The only thing that matters is that the Federal Government has POWER.
So, under these circumstances, how should we proceed?