When local governments start nullifying federal laws, it’s generally symptomatic of one of two things: either the federal law unfairly burdens one region, state or demographic — at least in the view of the “victims” — or it is one of those laws more suited to paper than practice.
The South Carolina tariff nullification in the early 19th Century was the former. The high federal tariff protected American industry (mostly based in the North) but resulted in price hikes in the agricultural South, and state leaders revolted. The situation was brought to a crisis before congressional leaders — perhaps acknowledging that the law was a bit unfair — compromised by lowering tariffs to an acceptable level.
This kind of nullification has a darker side in American history, as well; its most symbolic moment coming when Alabama Governor George Wallace tried to bar a black student from entering a public school in defiance of federal desegregation laws.
The second reason for nullification is much less common and much more powerful: local governments in this case aren’t nullifying because they feel they are getting shafted, but because they feel a federal law is so atrocious that they cannot in good conscience comply with it. The federal Patriot Act — passed in the wake of the 2001 terrorist attacks to give federal law enforcement frightening new powers to collect information on its own citizens — has now entered this category.
Beginning May 2, city managers in the northern California city of Arcata will face fines of $57 per offense if they voluntarily comply with federal government efforts under the Patriot Act. It is not nullification per se, since the city will allow these leaders to go along with the Feds if they are legally forced to do so, but it is at the very least an act of significant disobedience.
The Madison City Council should take note.
Madison loves to paint itself liberal. Walking around campus, it isn’t hard to find a poster or some graffiti calling President Bush an imperialist or Attorney General John Ashcroft a Nazi. Last fall, the City Council condemned in no uncertain terms Ashcroft’s Patriot Act, citing its dangers to freedom of speech, the right to be free from unreasonable searches and seizures and its overarching dangers to liberty.
This was an action that may be symbolically significant but lacks certain courage. The Council can condemn everything from the War on Iraq to the music of ‘N Sync; but without enforcement, these policy statements accomplish nothing. They’re nice and cozy for legislators. “We’re against the Patriot Act,” they say. What are you doing about it? “Well, nothing really … but we’re sending a message.”
A better local model for courage would be the actions of University of Wisconsin Chancellor John Wiley. A little over a year ago, Wiley announced in a written statement that UW Police would not comply with federal requests to interview international students in a hunt for terrorists. It isn’t easy to stand one’s ground in the face of a witch-hunt, and he did so admirably.
The City Council should follow suit, looking both to the guts of Wiley and the example of Arcata.
Madison can no longer be the first city to outlaw voluntary compliance with the Patriot Act by government officials. But it still could be the largest.
National media coverage would follow; so, too, might the dozens of other cities that joined Madison in issuing official condemnations of the Patriot Act.
From there, who knows? Perhaps Congress will actually take notice of these cities’ disobedience in the same way it took notice during the South Carolina nullification crisis. Perhaps the law would change, and Madison would be written into the history books for its movement to defend civil liberties. At the very least, it would give critics of the way the federal government is carrying out its new powers — including powerful Wisconsin Republican congressman James Sensenbrenner — some new ammunition in their rhetoric.
Both Madison’s new mayor and its City Council members have not been afraid to take fighting stances against the Patriot Act. Now it’s time for them to get the courage to throw a punch or two.
Matt Lynch ([email protected]) is a senior majoring in English and political science.
