To Our State Legislators: Nullification Requires Protection of Citizens

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by Jeff Matthews

Nullification is the talk of the day, especially as it regards the federal health care law. Many states’ legislatures are offering and passing legislation and resolutions to nullify the health care law on the basis it exceeds the authority of Congress. This is a step in the right direction. However, unless specific provisions are in place to guide and protect the citizen, nullification might prove pointless.

Unless a citizen produces proof of coverage under the federal mandate, he or she will be taxed as a penalty for failure to buy a federally-approved insurance policy. In states where nullification efforts have passed, most instances will leave the citizen in a state of conflict.

If I am penalized by the federal government, should I pay the penalty? While my state has indicated the penalty is Unconstitutional, there is still the Internal Revenue Service with which I will have to deal. It will assess further penalties against me. It will assess interest against me. It will come for my bank accounts. It will levy my property. It will come for my home. It might even prosecute me and put me in jail.

Against all this, my state’s legislature has simply said, “They can’t do that.” This is little reassurance. Nullification is more than a mere declarative statement. What good is nullification if it leaves the citizen in fear to the degree that he feels he is “on his own?” Many citizens, if not the vast majority, will likely reluctantly succumb and comply with the Unconstitutional mandate or pay the penalty. Of course, this is not the intent of nullification, and such a result will render nullification ineffective.

If state legislatures intend to serve their citizens through this conflict, they will need to do better than say, “The federal government can’t do that.” They will need to be specific. They will need to provide proof that every arm of state government is there to back the citizen.

Here are some loosely paraphrased examples of what states need to do to give their nullification efforts a reasonable chance of success (there can be many more):

(1) No court of this state shall relinquish jurisdiction over any citizen of this state or the subject matter of federal health care legislation to any federal court in this state.

(2) No judge in this state shall issue orders to levy or execute on the property of any citizen of this state to collect any amounts assessed against the citizen for failure to comply with any provision of federal health care legislation. Any person who violates this provision shall be subject to any disciplinary sanction available by the state bar, including suspension and/or disbarment.

(3) Any federal judge in this state shall be subject to sua sponte and citizen-initiated grievance procedures before the state bar for exercising jurisdiction over any citizen of this state in cases involving federal health care legislation. Any person who violates this provision may be subject to any disciplinary sanction available by the state bar, including suspension and/or disbarment.

(4) No federal or state officer in this state shall levy or execute on the property of any citizen of this state to collect any amounts assessed against the citizen for failure to comply with any provision of federal health care legislation. Any person who violates this provision shall be subject to€¦.

(5) No bank, credit union, trustee, investment broker or other depository in this state shall be authorized to pay over to any federal authority any sums claimed due under any writ of garnishment, if such writ is for purposes of collecting any amounts assessed against a citizen of this state for failure to comply with any provision of federal health care legislation. Any person who violates this provision shall be subject to€¦.

reclaiming-american-revolutionThe foregoing are just a few examples. Provisions such as these must be implemented in order to convince citizens that their state government is fully in support of their rights. It is one thing to express merely one’s political will by nullifying, and it is another to effectively nullify. To effectively nullify, citizens will have to be convinced that civil disobedience against Unconstitutional laws will be fully-protected. Without widespread civil disobedience, nullification might go nowhere.

Jeff Matthews [send him email] is a practicing attorney in Houston. He graduated from the University of Texas, School of Law in 1993 and was licensed that year.

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Hello, Neat post. There's a problem together with your website in web explorer, would test this? IE nonetheless is the market leader and a big element of other people will pass over your excellent writing due to this problem.

This is certainly a good thought and a good start for a state government to begin to figure out how to protect its citizens. This is certainly as issue here in Virginia.

If this evil is allowed to stand then Government can force us to do a lot more then simply buy a product if the mandate is allowed to stand. Think about it, an health insurance service like most insurance services are contractual obligations.(Ironically like Constitutional government itself).

If any government has the power to force anyone to sign onto a contractual obligation, thus ceding some of their rights like their right to money and certain liberty's in-exchange for the security of someone else providing a service for you. Then they can be forced by the same means to cede any and all other remaining rights effectively.
In other words such a power is a completely endless power, one that renders all the remainder of any constitution utterly and totally pointless!

This is indeed the ultimate power, and one our founders held rightly to be uncedeable under any workable law of nature. It is indeed the power of total enslavement, and the very propose behind the existent of our enumerated and carefully limited constitution of Civil Government's grant of powers, as to forbid an otherwise general government with this power directly or indirectly.

It is simply not possible for us to exist as a free people under such a power.

.... not "artifice" but "artifact." (typo)

Our founding fathers began by petitioning their current government with their grievances, they ended it by being willing to sacrifice everything in order to obtain their liberty. We too need to constantly petition our government for relief of the grievances that they have caused; this will lay the foundation for the philosophy for what we want our future to be, if the government refuses to provide relief for the harm they have inflicted upon the people. We need to be hopeful that the government will provide relief, but need to know what course we are willing to follow if not, and be prepared for it!

Chad

It seems there are at least two ways of dealing with the current mess of a big central government gone wildly out of control and run by morons and moral losers:

1) From within the system by trying to strictly enforce the literal meaning of the US Constitution and giving power back to the states. That's what this web site is all about: the 10th amendment. That's what this article is all about.

2) From outside the system by trying to end the offensive government as the Founders finally did to England. That's probably on another web site, maybe hosted somewhere in central Idaho and being very closely monitored by the FBI.

It may eventually get to #2 if "The Man" does something like trying to take away everyone's guns or if there's a major financial meltdown or some other major emergency across the nation (food/water shortages, power grid goes down, American Idol gets canceled, etc.) Short of that, most sheeple probably aren't willing to risk their fat asses and their comfy lives and their big screen TVs.

Sadly, and I suspect this is part of your point, it's that very comfort and laziness that's allowed the mess to develop to this point. People like Ron Paul have been trying to wake US up but most folks think he's a kook and just want to watch American Idol.

Jeff's point is step #1. Your point seems to be that it may get to step #2 so it helps to be prepared. Right? If that's your point, I completely agree.

I missed this post prior to my preceding one re: the IRS cases. Yes, this is my point. When going to "war", whether actual or proverbial, you need to muster troops.

This mentality is precisely why, unlike our founding fathers, we will fail in preventing the federal government from exceeding its authority. People today are more worried about their cable TV, internet, sports, and houses than they are with “life, liberty and the pursuit of happiness”. Until, the people, wake up and realize that their material possessions are inconsequential compared to their liberty and freedoms, all the people and states are doing nothing more than posturing!

While it would be nice and convenient, to keep all of our comforts and entertainment in the fight for liberty and freedom it is unrealistic. If the people prize their possessions, comforts, and material things over liberty and freedom, then they deserve to live under a despotic regime. Only those people, who can grasp the reality of what freedom and liberty truly means in the end, deserve the benefits of a free society.

So, you're saying that the people should be willing to lose what they work for in order to be free? Absurd! In that case, don't waste any time. Go find a mugger and give him your wallet.

I understand the concept that freedom transcends material wealth on one level, but the whole concept of freedom we are pursuing is not to stay out of jail, but to be able to prosper financially and materially. That's the whole goal. You're dang right I don't want to give up my house, my TV, or any such other artifice under the idea that "freedom is just another word for nothing left to lose."

That's fine to beleive that way, there is nothing wrong with wanting material things over freedom and liberty, but be willing to remain under a despotic regime. Tyrants do not give up power willing... Thomas Jefferson understood this all to well!

I know what you're trying to get at, but people like Jefferson were not as unconcerned with material wealth and protecting their claims to material things as you might think. Nobody says, "Come and take everything I have; just leave me alone." It makes no sense.

What you are saying is that people should be bold enough to engage in civil disobedience, even when they don't have their friends' and neighbors' protection - i.e., that individuals need to be ready to go it alone. Well, that's easier said than done. It has a nice, romantic, swash-buckling ring to it, but most people really aren't that way.

For example, the only ones going to jail for tax evasion seem mostly to be cheats and kooks. You don't see too many rational, honest people in prison for tax evasion. Rational, honest people are smart enough to try to stay out of jail, even when it means "giving unto Caesar that which is Caesar's."

Now, once you have a full-blown rebellion, it's a different story. But then, of course, you have lots and lots of numbers at your back, protecting you, as you protect them. Right?

If you are as inclined as you present, then, you should prove it. Stop paying taxes for Unconstitutional programs. Boldly flip the bird to the IRS and publicly pronounce what you are doing and why. Set a good example in the national limelight. Then, be sure to write us from jail and tell us what it's like. ;-)

Until you do just that, it's all talk..... (Honestly, don't do that).

Actually, I know several people who have never paid the federal income tax and one who did, quite, and beat the IRS at their own game. I have my own personal reasons for paying the income tax, because I currently have a vested interested for doing so... that does not mean I will always have it. On a side note, I also know several people, who quite paying federal income tax and went to jail because they didn't understand various laws and the Federal Rules of Civil Procedure.

For far to many people, though, the government can do as they please, as long as they keep their "things" and "houses" safe. They are unable to understand the difference between law and "colour of law" which makes your outlook completely different. Besides there are legal ways to get around just about anything the IRS does as long as you are willing to make sacrifices. Besides does it really matter what side of the wall your on if you don't have your freedom or liberty on either?

The only way you beat the IRS in court is if, under their tax rules, you don't owe the tax. Nobody has succeeded in showing the income tax is not Constitutional. The person who beat the IRS was probably a low-earner and did not have taxable income. For everyone else.... pay your taxes.

"Freedom" includes my right to own my house and come and go as I please. You want me to keep my freedom by not paying taxes and going to jail? How do I remain free that way?

Jeff:

You remain free by denying that they have any jurisdiction over you, that's how. They force a relationship to you with the State that is based on presumption & fraud. Unless specifically rebutted, it stands.

This stance could be termed peaceful civil disobedience, while standing upon one's Lawful, Natural Rights.

Right now, most of us just bargain over the % of master/slave relationship we have with the FEDS. Under ObamaHellCare, that amount will be climbing precipitously.

This is a lengthy topic, so let me address the main points, then give you two key resources that supply all the facts to back up what I am saying, and then some.

You may already be aware of these, so please comment as to what you found wanting in their approach - I'm always ready to hear another side -- heck maybe you see a hole I've missed. But I've given it a lot of thought & research and so have these folks.

Two things:

Arron Russo's meticulously researched 'America:Freedom to Fascism' movie

The law, as the IRS out of their own mouths, court cases & experts: Wages are NOT Income:

http://www.documentarywire.com/america-freedom-to...

Jeff, I challenge you to view this video and point out the mistakes or errors.

Several million Americans have seen and are following this line or action - why do you think they're pushing so hard for National ID (you aint seen nothing yet !) - because their control mechanism is slipping so badly.

This movie will give you facts that will calm your fears. As soon as folks see the Truth is on their side & the gov't is using lies & fraud, it's like a 'light bulb comes on' moment.

You CAN fight back peacefully to regain what is yours, when you KNOW your cause is just.

YOU, alone, have the right to your earnings.

Unless you get the LORD Himself to abrogate "Thou shalt Not Steal", or you VOLUNTARILY give charity to someone.

The State's sole purpose is to 'secure the Rights of the governed' (Declaration), NOT to plunder their wealth in a misguided attempt to build a Utopia. There could be no more basic American construct than this.

If our Life, Liberty & Property belong to the State, we are slaves. America was founded by Christian freemen fleeing a plundering King - now we re-create this nightmare anew ?

Churches used to be the neighborhood 'welfare safety net' until they were bought off by the 501 (C) 3 bait & switch.

If you've noted that the pastors & churches more resemble laptog shills for the State, than the bold Prophets of the past, look no further for the cause.

BTW, I think this was the point the commentor above was making: it's our LOVE of things, the gratification STUFF give us, that makes us willing to give up Liberty, for safety.

When you agree that the .gov thugs - or the threat of them - makes you fork over the $$$, are you not admitting they're aiding & abetting thievery ?

Are we not violating Ben Franklin's warning : 'those who trade essential Liberty for a little temporary Safety, deserve neither Liberty nor Safety'.

Ok, second source (s),

www.SEDM.org Sovereignty Defense & Education Ministry

www.FamGuardian.org Family Guardian 'keep your family safe from Tyranny'

Click "Start Here" on either site, and you'll discover that your sovereignty (self-government, as God's gift to us) CANNOT be given or traded away, but it can be enslaved by deception.

The research here is meticulous - quoting Constitution, Law, Scripture, court cases, US code & Founding & Historical figures, etc.

Jeff the bottom line is this: Caesar never has enough. He's trying to steal from the productive, to buy votes & placate sinful lazy people. At 0 cost, there is NEVER enough supply.

Already, Uncle Scam is runing out of willing donors. No surprise !

He'll keep raising the ante higher (what would limit it ?) until there is a tax revolt, underway as we speak - did you see the TEA Parties - 2 million in DC last 9/12 - a bigger crowd than the Big O's inaguration. Only the London papers told the whole story.

Now there are Armed marches this coming April 15th & 19th ?

www.RestoreTheConstitution.Wordpress.com 'Open carry march in VA, near DC)
www.SecondAmendmentMarch.com "DC and all 50 states'

I've got to hand it to you guys - seriously - I love the Tenth Amendment Center, read all the articles - you guys are doing a great work - I know you're allies & to be commended !

But please, in this battle, we all have to be willing to 'think outside the box' - and know that in the 'Holy cause of Liberty'....(Patrick Henry)...there are many peaceful & creative ways to resist & fight back.

Thanks for considering all this, my friend !

- Samuel Adams, Jr.

I like this a lot but I would like to add that perhaps the state can place a citizen under its protective custody or a special house arrest that confines the citizen within the borders of the state versus their home. Once a citizen is under protective custody it might legally shield the citizen from the federal government. Of course, this is a guess on my part so I'm not sure if it will work but I thought I offer one method of resistance.

What is "Default Nullification"?

Default Nullification - automatic state rejection of all UN-enumerated federal laws and regulations, and associated funding. "Enumerated" is strictly defined by Article One, Section 8 of the U.S. Constitution.

State legislatures would then be required to approve, adopt, and fund, by 2/3rd majority, said federal laws and regulations.

The Senate was originally conceived in the constitution to be the representative body of the States in DC. That's why Senators were originally chosen by state legislatures, not by direct election by the people. This is the problem with direct election, Senators are no longer in DC to represent the state GOVERNEMNTS, as you propose with the Default Nulification idea. I like it. I'm just pointing out that the US got rid of the very mechanism you propose when it changed the constitution to provide for direct election of senators.

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  8. [...] To Our State Legislators: Nullification Requires Protection of Citizens. The role of your state government in protecting your rights: “To effectively nullify, citizens will have to be convinced that civil disobedience against Unconstitutional laws will be fully-protected. Without widespread civil disobedience, nullification might go nowhere“. [...]