ABSTRACT

The suggestion that the Supreme Court can be put on trial is offensive to many people. This chapter examines the fundamental character of the Union has been altered—that Congress, the president, and the Supreme Court have ignored a basic intention of the Constitution by enlarging the powers of the national government and reducing the state governments to impotence. The most drastic of the recent interposition resolutions of the Southern states declare the Segregation decisions null and void within a state and announce a determination to render them ineffective within that state. Interposition has been widely and resoundingly condemned as a revival of nullification, a doctrine of ignoble origin long since discredited and discarded. The doctrine of nullification presented a thesis about the placement of authority to interpret the Constitution and constructed a remedy for trespass on state power by any branch or office of the national government.