The Racist Roots of the Nullification Movement
by Charles Lemos, Sat Jul 10, 2010 at 03:55:00 AM EDT
In his recently published book, Nullification: How to Resist Federal Tyranny in the 21st Century, historian Tom Woods, a senior fellow at the right wing economic think tank Ludwig van Mises Institute located in Alabama, maintains that the states have the power to nullify laws that in their estimation exceed the powers of Congress granted by the Constitution to enact.
In a segment that also included Monica Crowley, a nationally syndicated radio host and television commentator, as well as Professor Randy Barnett, the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, last week on Fox's Freedom Watch programme with Judge Andrew Napolitano, the question was asked (at the 2:05 mark) by Judge Napolitano as to why today when people make the argument for nullification the specter of racism is inevitably raised by "liberals and big government types."
I'm not sure I follow Dr. Woods' rambling response that attempted to tie those of us opposed to the view that states have a right to trump Federal law to Adolf Hitler but since he chose not answer Judge Napolitano's question, I will.
The reason we "liberals and big government types" raise the specter of racism is because the last time the nullification argument was raised came in response to the 1954 Supreme Court landmark decision Brown v. Topeka Board of Education that ruled that separate-but-equal public school facilities were unconstitutional. The response in Southern states, where segregation was a God-ordained way of life, was an attempt to nullify the decision and prevent the Federal government from enacting any laws that might impede on white Southerners self-proclaimed right to discriminate against American citizens.
Even before the Supreme Court handed down its decision on May 17, 1954, a day that Southern segregationists still refer to as Black Monday, several Southern legislators had begun legal maneuvers to forestall school integration. And then after the decision was rendered, four Southern States - Louisiana, Mississippi, Georgia and Alabama - went as far as to abolish or defund all or part of their public school systems. In Georgia, the state legislature passed a bill that made it a felony for any state or local school board official to spend any money on an integrated school. In Louisiana, the state legislature attempted to circumvent the decision by passing a law that allowed school officials to sort students by "achievement levels." And in both North Carolina and Florida, laws were enacted to prohibit employment of teachers who advocated for integration.
Meanwhile white Southerners responded by organizing into a new movement called Citizens' Councils -- a forerunner of today's Tea Party movement. The inspirational leader of this movement was a circuit court judge from Mississippi named Tom P. Brady. In the aftermath of the decision, Judge Brady wrote a pamphlet entitled Black Monday. Here's his view on blacks:
Why was it that the negro was unable and failed to evolve and develop? Water does not rise above its source, and the negro could not by his inherent qualities rise above his environment as had other races. His inheritance is wanting. The potential did not exist. This is neither right or wrong; it is simply a stubborn biological fact.









