Kansas Secretary of State tells Eric Holder that unconstitutional federal action is null and void in that state | Eastern North Carolina Now

    Publisher's Note: This article originally appeared in the Beaufort Observer.

    Several of North Carolina's legislative leaders have taken the position that if the Federal government enacts a law that it is unconstitutional for North Carolina to nullify the application of that law to North Carolina. We recently posted an an article in which we reported on a debate at the recent Third District Republican Convention in which Rep. George Cleveland contended that if the U. S. Supreme Court has ruled on an issue then that settles the question of whether the act in question is constitutional or not.

    As we reported in that article, the argument that a Federal statute or U. S. Supreme Court ruling trumps state action is true only if the Federal action is itself constitutional. If it is not, we argued, then the Federal position is null and void.

    Now Kris Kobach, Secretary of State in Kansas has written U. S. Attorney General Eric Holder contending the same thing in response to a letter sent by Holder to Kansas Governor Brownback. The letter speaks for itself. You can read it by clicking here.

    Commentary

    We would suggest that North Carolina's legislative leaders take note of this expression of law by Mr. Kobach. North Carolina should be in the leadership of this nullification movement. To be sure it would be litigated, but we think that money well spent if it results in returning the federalistic balance of power closer to that established originally in the Constitution and Bill of Rights. If necessary, we would suggest that the issue be settled by a constitutional amendment.

    But it should be the firm position of every legislator in this state as well as the Governor that the Federal Government has only those powers delegated to it by the Constitution. And any act contrary to those specific powers is null and void.

    We commend Kansas and urge our Legislators to join them in this movement.