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)

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