Correcting a Common Libertarian Misunderstanding on Nullification
“I’m rarely surprised to hear mainstream conservatives or liberals oppose nullification. Even though the opposition is shrinking significantly, it’s still fairly common to hear average folks or politicians on either side claim that “you can’t do that!” Or, the usual claim, “Federal law is supreme, nullification is unconstitutional.”
What does surprise me, though, is to hear opposition from self-professed libertarians (ranging from political libertarians to anarcho-capitalists) in response to nullification efforts of all kinds. The common version of this opposition is that nullification doesn’t count unless there’s some kind of physical stand off between state or local government officials and federal government officials.
This isn’t a rare thing among libertarians, either. It’s somewhat pervasive.”