Home Virginia Politics Senator McEachin Reminds the Governor that Nullification Has Been Deemed Unconstitutional

Senator McEachin Reminds the Governor that Nullification Has Been Deemed Unconstitutional


The DPVA remains asleep at the switch, but fortunately, Sen. McEachin is willing and able to speak out against the latest lunacy from Pat Robertson’s Manchurian candidate/governor.

Richmond – Today, Senator A. Donald McEachin (D-Henrico) responded to Governor McDonnell’s comments in Roanoke yesterday (as quoted by the Roanoke Times) that he “declined” to express an opinion on the legitimacy of nullification. Senator McEachin said, “I am extremely dismayed and concerned that our governor has apparently neglected to review recent American history or leading Supreme Court cases. Not even sixty years ago, in a response to attempts to ignore Brown v. Board of Education in which African-American children were first given the opportunity for an equal integrated education with white children, the Supreme Court ruled on Cooper v. Aaron. In this extremely significant case, the Court ruled that because the Supremacy Clause of Article VI made the United States Constitution the Supreme law of the land and Marbury v. Madison gave the Supreme Court the final power of judicial review, then all states are bound by federal law and bound by Supreme Court decisions.

“But even if the Governor has forgotten these Constitutional law principles, he should surely recall the amount of blood spilled, families and homes decimated and young men killed the last time states made foolish decisions based on nullification. Surely, as governor of Virginia which is criss-crossed with battlefields and graveyards of those who died fighting in that war and those who died trying to protect their homes and families and the numbers of slaves and free blacks who died trying to protect their loved ones and their few and meager possessions, he should know that no good can come of this kind of foolish and dangerous talk.

“We are Americans, proud to be part of the greatest democracy on earth, and if we disagree we have legal, political and legislative means to resolve those disagreements.  Living in a democracy means that if we don’t like what is happening we will have an election and we can peaceably, within our Constitutional procedures and rights, address those grievances.

“Finally, like every other elected official, Governor McDonnell took an oath to uphold the US Constitution and all the Articles and clauses within that document.  Nullification is not legal and declining to respond is not acceptable. I expect our governor to uphold the law and the Constitution and to refute unconstitutional and illegal drivel when he hears it.

  • Elaine in Roanoke

    I’m not surprised that Don McEachin is the person to refute (not “refudiate”) McDonnell’s obvious lack of knowledge about American legal history. I’m also not surprised that the DPVA is – yet again – asleep at the switch.

    It would be very easy, Gov. McDonnell, to study a basic outline of the legal history of the United States. Of course, he can’t ask his AG to bring him up to speed. After all, Cooch suffers from “terminal ideological ignorance.”

  • The Richmonder
  • Glen Tomkins

    The whole point of states’ rights is the belief that the states have powers derived independently of the federal govt — the entire federal govt, courts and all, not just the Congress and the presidency.  If you believe in nullification, you believe that states themselves have the right to determine whether or not a federal law unconstitutionally takes on powers reserved to the states. And by “federal law” they mean not just a bill passed by Congress and signed by the president, but such a law after it has passed muster and been deemed constitutional by SCOTUS.  They believe that SCOTUS may have judicial review within the federal system, but that it does not have the power to review state determinations of the unconstitutionality of federal law made under the Tenth Amendment.

    If you’re a true nullifier, it doesn’t matter to you what SCOTUS might think about these matters, because SCOTUS isn’t the final arbiter of Tenth Amendment matters.  War is the final arbiter of Tenth Amendment matters.