With a rogue administration who views the United States Constitution as a hindrance to their desired agenda the Constitutional Right of “State Nullification” becomes, a very current need and a must for today. If the various States do not exercise this right this current government led by Barack Obama will plunge American into a state of dictatorial tyranny like never before seen in this nation’s history.
State Nullification is that the states can and must refuse to enforce unconstitutional federal laws. It has been exercised by some states with challenges in court by the administration but is something that hopefully every state will practice in the days to come over the rogue actions of this administration. The Department of Justice and the White House would have you believe that this was not what the framers had in mind but Thomas Jefferson would disagree. If you examine the draft of his Kentucky Resolutions in 1798 you will find this word “nullification.” Mr. Jefferson not only believed that the states had the right to do so but that it was mandatory for them to do so as the “rightful remedy” for wrongful, unconstitutional, and diabolical federal laws and actions. Mr. Jefferson stated that when the federal government expands beyond its constitutional powers and violated the constitution the states were “duty bound to resist”.
Thomas Jefferson did not invent the idea for we find in the historical writings of Federalist supporters of the Constitution at the ratifying Convention of 1788 in Virginia assured Virginians that they would be “exonerated” should the federal government attempt to impose “any supplementary condition” upon them. Simply, that if the federal government should attempt to exercise a power over and above the ones the states had delegated to it they had the right to refuse.
The basic principle they based this on was:
- The states preceded the Union. (The Declaration of Independence speaks of “free and independent states” that “have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do.” The ratification of the Constitution of the United States was not done by a single vote but by each individual state, each assembled in a convention.
- In the American system no government is sovereign. (The citizens of the states are the sovereigns, something that Barack Obama, who is supposedly a constitutional scholar, does not understand, ignores, and most assuredly disagree with. The people within the various states apportion powers between themselves, their state governments, and the federal government. That action is exercising their sovereignty.
- Since the people of the states are sovereigns, then when the federal government exercises a power of dubious constitutionality on a matter of great importance, it is they themselves who are the proper disputants, as they review whether their agent was intended to hold such a power.
James Madison expounded in his Virginia Report of 1800. It is something that too few are willing to exercise on too many occasions and it is up to us to force our states to step up to the plate and exercise the right of nullification when the federal government goes rogue as it is today.
Thomas Jefferson warned that if the federal government is allowed to become a monopoly on determining the extent of its own power, we have no right to be surprised when it keeps discovering new ones. James Madison in his Report of 1800 reminded all Virginians and should remind us today, that the judicial branch is not infallible, and some remedy must be found for those cases in which all three branches of the federal government exceed their constitutional rights.
I realize that some will argue that “nullification” violates the Constitution’s Supremacy Clause but there can be no doubt that Jefferson knew and understood the Supremacy Clause and believed that it applied to constitutional laws not unconstitutional ones. Today we have a government, and a President that is operating as if the Constitution was simply a list of suggestion not regulations controlling the scope and power of the federal government therefore it is vital that the various states exercise their Right of Nullification whenever there are Unconstitutional Laws and Executive Actions issued from Washington and the White House. I would encourage you to put pressure on your state officials from the Governor down to the State Representatives to act whenever the Obama Administration or any Administration implements or attempts to implement UNCONSTITUTIONAL LAWS or EDICTS. We the People are the ones the Constitution gives the power to but unless we exercise our rights and our states exercise theirs the federal government will continue to grow larger, more powerful, and become more and more tyrannical.
May God watch over, guard, and guide you and my God bless America again!