Withdrawing Consent

[Keith Broaders]

Withdrawing Consent

According to the words found in the Declaration of Independence, just governments derive their just power from the consent of the governed. Presumably unjust government derive their power from the will of the majority. This is why all of the states were required to ratify any and all proposed amendments to the Articles of Confederation. The unanimous consent of all of the states to was needed prevent a tyranny of a majority.

In the Constitutional Convention the process of amending the Constitution only required the approval of three-fourths of the states. This provision forced states that did not give their consent to accept the will of the will of the majority.

Just because Federal Law or an amendment in ratified does not require states to comply with its provisions if the state believes the amendment violates the Constitution. The Fugitive Slave Law was passed by Congress and ruled to be Constitutional compliant was rejected by many Northern States that refused to enforce the Fugitive Slave Law.

Federal Laws prohibiting the possession and use of Marijuana have been nullified by a considerable number of states. The Supreme Court has ruled that it is unconstitutional to refuse to allow a women to terminate the life of he unborn child. If states apply the principle of Nullification, they can end abortions in their states.