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ECO 481: Public Choice Theory

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ECO 481: Public Choice Theory Week 13: Nullification Dr. Dennis Foster Constitutionalism Government s authority derives from the people. Limits to government are ... – PowerPoint PPT presentation

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Title: ECO 481: Public Choice Theory


1
ECO 481Public Choice Theory
  • Week 13Nullification

Dr. Dennis Foster
2
Constitutionalism
  • Governments authority derives from the people.
  • Limits to government are implicit or spelled out
    in a constitutional document.
  • U.S. government one of limited and enumerated
    powers.
  • "This government is acknowledged by all, to be
    one of enumerated powers. The principle, that it
    can exercise only the powers granted to it, would
    seem too apparent . . . that principle is now
    universally admitted."

3
Article 1, Section 8
  • Congress shall have the power to . . .
  • Collect taxes.
  • Provide for the common Defence.
  • Regulate commerce.
  • Coin money
  • Establish Post Offices.
  • Declare War.

4
Nullification - Basic Issues
  • Do politicians even accept the idea of alimited
    government?
  • Electoral approach to limiting governmenthas
    been a failure.
  • Can we trust the federal courts in this matter?
  • Should the federal governmenthave a monopoly on
    decidingconstitutional questions?

5
Nullification - Marijuana
  • Gonzales v. Raich ruling of 9th Circuit Court
  • Federal law does not recognize a fundamental
    right to use medical marijuana prescribed by a
    licensed physician to alleviate excruciating pain
    and human suffering.
  • Spillover effects? --Alabama/Mississippi/LA
  • Supreme Court Thomas dissent.

6
NullificationWhat the Constitution Says
  • General welfare clause
  • Whats the point of listing powers? Madison
  • Does Congress promote general welfare?
  • Commerce clause
  • Making commerce regular.
  • Contortions on gun-free school zones.
  • Necessary and proper clause
  • To build the buildings, need to order lumber.

7
NullificationWhat the Constitution Says
  • 10th Amendment as a reinforcement offederal
    limits.
  • Why was that necessary?
  • A living constitution is not a constitution.
  • How can it shackle politicians?
  • The Jeffersonian rightful remedy ofstate
    nullification or interposition.
  • It is the duty of the state!

8
Nullification - History
  • Historical uses--Alien Sedition
    Acts--Embargoes--Tariff of Abominations--Cons
    cription--Internal improvements--Fugitive Slave
    Act--Use of state militia--Second Bank of the
    U.S.

9
NullificationRunning out of remedies
  • National vs. compact theory of Union.
  • How does the U.S. get bigger?
  • What does more perfect union refer to?
  • The degeneration into the modern state.
  • The 17th Amendment as a crucial blow.
  • Is constitutional change really possible?

10
ECO 481Public Choice Theory
  • Week 13Nullification

Dr. Dennis Foster
11
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