I thank Professor Martin for his close reading of my paper and will reconsider the two characterizations by which I introduce the quotes from Madison and Morris in light of his comments. This is the great thing about posting articles prepublication. However, I should emphasize that I presented these two quotes, not to make the claims with which Professor Martin helpfully disagrees, but solely because they both presuppose the power to judicially nullify unconstitutional laws.
Cheers, Randy _____________________________________________ Randy E. Barnett Austin B. Fletcher Professor Boston University School of Law 765 Commonwealth Ave. Boston, MA 02215 617-353-3099 (phone) 617-353-3077 (fax) http://www.RandyBarnett.com http://www.LysanderSpooner.org (Lysander Spooner page) http://www.RandyBarnett.com/SOL.htm (Structure of Liberty page)