January 21, 2011
AP Graphic
After leading the nation last year in passing a law to sue the federal government over the health care overhaul, Idaho's Republican-dominated Legislature now plans to use an obscure 18th century doctrine to declare President Barack Obama's signature bill null and void.
Lawmakers in six other states -- Maine, Montana, Oregon, Nebraska, Texas and Wyoming -- are also mulling "nullification" bills, which contend states, not the U.S. Supreme Court, are the ultimate arbiter of when Congress and the president run amok.
It's a concept that's won favor among many tea party adherents who believe Washington, D.C., is out of control.
Though a 1958 U.S. Supreme Court decision reaffirmed that federal laws "shall be the supreme law of the land," Gov. C.L. "Butch" Otter is promoting the idea, too. In his January 10 State of the State speech, he told Idaho residents "we are actively exploring all our options -- including nullification."
"He will have to explain to the American people why his vision for bigger government, more spending, and higher taxes will work over the next four years when it hasn't worked in the past three and a half years.” – Sen. Rob Portman on President Obama
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