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TPM Cafe: Opinion

As with so many debates in our 21st century moment, the question of race and the Declaration of Independence has become a divided and often overtly partisan one. Those working to highlight and challenge injustice will note that Thomas Jefferson, author of the Declaration and its “All men are created equal” sentiment, was like many of his fellow founders a slave-owner, and moreover one who might well have fathered illegitimate children with one of his slaves. In responses, those looking to defend Jefferson and the nation’s founding ideals will push back on these histories as anachronistic, overly simplistic, exemplifying the worst form of “revisionist history.”

If we push beyond those divided perspectives, however, we can find a trio of more complex intersections of race and the Declaration, historical moments and figures that embody both the limitations and the possibilities of America’s ideals…

David A. Graham

When the Tea Party wave arrived in 2010, it swept away much of the Republican Party’s existing structure, and instituted a more populist approach. But as waves tend to do, it left some even older debris in its wake. “Nullification,” the theory that states can invalidate federal laws that they deem unconstitutional, had its heyday in the slavery debate that preceded the Civil War, but it has found new currency since 2010.

The theory has never been validated by a federal court, yet some Republican officeholders have suggested states can nullify laws, including Senator Joni Ernst, who gave the GOP rebuttal to the State of the Union. Missouri legislators passed a bill that would have nullified all federal gun laws and prohibited their enforcement. My colleague James Fallows has described efforts by Republicans in Congress to block duly passed laws—refusing to confirm any director of an agency established by an act of Congress, for example—as a new form of nullification.

Now Mike Huckabee seems to be opening up a new front. The Supreme Court last week agreed to hear a case on whether same-sex-marriage bans are unconstitutional. There’s no such thing as a sure bet with the Court, but many watchers on both sides of the issue believe the justices will strike down the bans. Some conservatives seem resigned to the fact that the fight is lost; not Huckabee. Here’s what he told radio host Hugh Hewitt Tuesday:

http://www.theatlantic.com/politics/archive/2015/01/nullification-now-coming-to-the-supreme-court/384704/