…Ian Millhiser of the hilariously misnamed ThinkProgress, who says, “The Constitution expressly states that Acts of Congress ‘shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,’ so our founding document specifically denies the states a veto power over federal laws.”
This guy has a law degree, people. A law degree. And he thinks he has defeated Thomas Jefferson with this third-grade analysis.
What the Supremacy Clause actually says is: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.”
In other words, Millhiser deletes the most significant words of the whole clause! Jefferson (whose name Millhiser cannot bring himself to mention, so let’s just say it for fun a few times — Jefferson, Jefferson, Jefferson) did not deny the Supremacy Clause. He would not have needed any lectures from law school graduate (and otherwise uncredentialed) Ian Millhiser. His point was that only the Constitution and laws which shall be made in pursuance thereof shall be the supreme law of the land. Well, that’s the whole matter at issue! Is the law in question “in pursuance thereof” or not?
Here is Ian Millhiser’s version of the Supremacy Clause; ask yourself how many states would have ratified this: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof, plus any old laws we may choose to pass, whether constitutional or not, shall be the supreme law of the land.” Oh, but the courts will tell us when a law is unconstitutional, comes Millhiser’s law-school reply. Millhiser hasn’t read James Madison. I’m shocked.
For a quick primer on state nullification, a primer we might call “What Law School Graduate Ian Millhiser Didn’t Learn in Law School,” see my State Nullification page.
One last thing: I’ve smacked down this genius before. (Also, Millhiser uses the Orwellian agitprop term “neo-Confederate,” making him a zombie.) For the rest of the smearbund: I’ve written out the rules to follow when smearing me. Don’t diverge from the tried and true. And never, ever link here.