Concordia res Parvae Crescunt
by Michael Boldin
EDITOR’S NOTE: A version of this article was originally published on September 16, 2009. The following is edited slightly for time and context.
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There’s plenty of federal holidays for Americans to celebrate. On July 4th, there’s independence from King George’s England. On the first Monday in September, a holiday was dedicated to the “social and economic achievements of American workers.â€Â Other days throughout the year celebrate autumn harvest, soldiers who died in the civil war and even a person who sailed to this continent nearly three centuries before the country was “founded.â€
When there’s no federally-sanctioned holiday to call upon, protesters and activists across the political spectrum often pick “important†dates to schedule events to bring attention to their cause. We’ve seen protests on Tax Day, Independence Day, May Day, Earth Day, and more. And, in the past few weeks we saw great importance placed on days that doesn’t even have a letter in their name, 8/28 and 9/12.
But nowhere to be found on these great lists of “federal holidays†or “protest days†is a celebration of the document that defined the principles of liberty that this country was supposedly founded upon – the Constitution.
LIMITING POWER
The Constitution was signed on September 17, 1787, and every year that date passes by with hardly a sound. Sure, now that it’s considered a day of “federal observance†you’ll find government schools around the country including it in their lesson plans. But these discussions generally focus on “Constitution Trivia” instead of what’s really important. While it may be good to educate our young on how many years a Senator serves, or how Supreme Court justices are appointed, it’s not enough. Seriously lacking in the public discourse is the actual purpose of the Constitution – its underlying principles.
When the Constitution was being considered for ratification, there was strong opposition from famous American figures that included George Mason and Patrick Henry. One major reason for this was a fear of too much power. The founding generation spent their lives toiling under a tyranny – a government without limits.  But, when the Constitution was written, it was done to codify in law that the powers of government would be limited to those which had been delegated to it – and nothing more.
The entire system was created under the principle of popular sovereignty – that ‘We the People of the Several States’ created the government, and all powers not delegated to it, were retained. But that’s not something you’re likely to hear from politicians in Washington DC, political pundits, schools, or just about anywhere else. It’s generally not in their interest, either.
If politicians and their backers were promoting such crazy ideas as “originalism†and “limited government†they’d never be able to convince you that they have the power to tell you what kind of health care plan you’ll be getting, how big your toilet can be, what kind of plants you’re allowed to grow, where you’re allowed to exercise your “right†to free speech, whom you can buy and sell from, and even when you must send your children to die for them.
MORE OF THE SAME
Throughout history, even kings and queens have often failed to survive such acts of hubris; but, in “free” America, the major parties that produce all the presidents continue to receive approval through tens of millions of votes. And where has that gotten people?
Well, let’s take a look at some major issues.
No matter what side of the political aisle you sit on, the federal government is not your friend. It’s not a friend to the Constitution, and it’s certainly no friend to your liberty. For years and years…and years, people have yelled “vote the bums out!â€Â “Call Congress now!â€Â “March on DC!â€Â But, in the long run, little to none of this actually works.
If you oppose this national health care plan, they’ll give you that one. If you oppose one war, you’ll get another one. If you oppose today’s bailout, they’ll find a different one tomorrow.  Decade in and decade out, the government keeps growing, and your liberty keeps shrinking. And it doesn’t matter if the person in charge is named Obama, or Bush, or Reagan, or Clinton.
The bottom line? Looking to the federal government – whether it’s though elections, or protests, or lawsuits, or rallies – is a failed strategy.  So how about trying something new?
A DIFFERENT PATH: NULLIFICATION
People around the country are recognizing that there is a different path, and one that has a chance of working on a big scale, too. Already nearly a dozen states have passed 10th amendment resolutions reaffirming the proper role of government under the Constitution. 25 states have stopped the real id act dead in its tracks in most of the country. 8 states have passed firearms freedom acts – to nullify some federal gun laws and regulations in their state. 5 states have already passed laws to nullify federal health care mandates – with more on the way. And, fourteen states now have medical marijuana laws in direct opposition to federal laws.
In Jeffersonian-speak, this all falls under the banner of “nullification.â€Â When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as that state is concerned.
While some in government and the media would like to paint this essential tool for resisting federal tyranny as solely aligned with the South in the War Between the States – and nothing more, they’re missing some essential history. It’s been used in efforts to advance free speech, help runaway slaves, resist high taxes and more.
And recently, the Bush-Era Real ID Act is now virtually dead in the water, not due to elections or rallies, or calls to Congress – but instead, due to state-level resistance. In the past three-plus years, approximately two dozen states simply refused to implement the law. The result? The law is still on the books in Congress. It’s never been overturned by a federal court. But yet – in most of the country – it’s virtually null and void.
Even better, this is no single-issue movement. Legislators in over 20 states are considering legislation to nullify some federal gun laws, and another 20 are looking at ways to nullify national health care. 15 states are weighing legislation or ballot initiatives that could turn them into medical marijuana states by next year, and activists in over a dozen states have been pushing for legislation that would require their governors to bring national guard troops home from Iraq and elsewhere. On top of it, a national tour has been launched in support of these efforts – something that may have been impossible just a few years ago
LIBERTY BEGINS WITH YOU
Issue by issue, law by law, the best way to change the federal government is by refusing to comply with it on a state and individual level. Withdrawing our consent for unconstitutional “laws,” acts, regulations….and mandates…has a much better effect than begging or demanding that DC limit its own power.
Over the years, wise men and women warned us that the Constitution would never enforce itself. I believe it’s time for people to recognize this as fact, and bring that enforcement closer to home.
Whether you’re on the left, or on the right, or even somewhere in the middle, the path to freedom, the path to your political goals lies not in Washington D.C. Instead, it lies in Madison, and Jefferson (City)…and other state capitols around the country.
So this Constitution Day take a new pledge. Ignore and nullify the federal government. When it refuses to follow the Constitution year in and year out, it becomes as worthless as it is dangerous.
Michael Boldin [send him email] is the founder of the Tenth Amendment Center.
Michael Boldin [send him email] is the founder of the Tenth Amendment Center. He was raised in Milwaukee, WI, and currently resides in Los Angeles, CA. Follow him on twitter - @michaelboldin, on LinkedIn, and on Facebook.
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The time is soon coming when all Americans must stand up for what they believe. Some will be patriots and martyrs and the other 80 % will be complacent followers quaking in their fear and acquiescing so to be ignored by authorities. The American lifestyle as we have known it is coming to an end. The blogs/news/rumors are just the gagging and choking of a society on its death bed. Wake up America, and see what you have created for yourselves.
The problem is that we have allowed a philosophy that is anti-American to take hold; to take over a political party, and that must be remedied.
Socialism/communism are betrayals of America and her Constitution. We are a country to limited government and liberty.
Those who do not like it are free to relocate to all those countries outside the USA that are socialist. Let them embrace their socialism where it is in place. Leave us to ourselves.
Because that is what is going to happen. America is not going to rollover and give into this betrayal.
Instead of "Guard the Change" the new watchword in America will be "CHANGE THE GUARD".
Starting to think we might do well to create more "moderate" titles to lure people in to hearing us out before we move in to what is, from their perspective, "a radical solution".
They must first be convened its reasonable before they can be convened it's the most workable solution.
We got a lot of education work to do for a large section of America. Lets not get ahead of ourselfs an alienate an ignorant enemy, when we should be converting em.
Lets not go for the gold before we have built the foundation of knowledge and understanding among our population upon which we must stand in that race.
Good article thou.
I agree with your suggestion. If you think about the Overton Window approach, we should be thinking of the intermediate steps to our ultimate goal.
Unfortunately, the Tenth Amendment has been buried so far for so long that it is hard to wield it as weapon. Still, it is the philosophical justification for what needs to be done. For those who believe that another amendment is needed, I would propose this - an amendment that corrects the meaning of "interstate commerce", to mean regulating the process of commerce rather than the articles of commerce. A big part of the difficulty would be what do you do with all the bureaucratic claptrap that would immediately become unconstitutional.
Consider a couple of other options, only for amusement, of course: seccession or reverse seccession, where you kick out specific states like New York, California, Massachucetts...
I don't think nullification would pass court review. If the states can make it work, it would have to be a refusal outside the law. Think Federal marshalls at the governor's door. I don't think the Feds would want a showdown like this but what governor would have the stomach for it. We can hope.
But probably the best reason for proceeding with nullification would be simply to make a point about state's rights and a vehicle to educate the public about the meaning of the Tenth Amendment.
Good points.
I feel certain any official nullification action by a state would ultimately be shot down by the US Supreme Court. Enforcing it is another matter, as you suggest.
I think it's worth taking the shot across the bow of the feds to wake them up to the fact that they've got a major problem. We natives are getting restless and they are looking at big trouble if they keep ignoring the Constitution and its fundamental precepts.
While I agree that clarification of the commerce clause is needed, I fear TPTB would just switch to some other disingenuous argument to support their incessant power grabs. The 'general welfare' clauses come to mind.
Secession would get the same response from the US Supreme Court that nullification will get, I suspect. Just using the word opens the door for the racism charge regardless of the motives for secession.
I really like the idea of 'reverse secession' where the states that do not support the Constitution's ideals are shown the door! CA and NY, for example, are bankrupt and will be a MAJOR drain on the rest of the Union for a very long time. Dragging their sorry behinds around because they wanted to create the ultimate welfare states is not something I support.
Of course the Supreme Court is not the answer, they're just as corrupt and corporate owned as the rest of the government.
BTW, CA and NY both send more money to DC than they get back. It's the crappy 'red' states that suck more out of DC than they give. Would love for CA and NY to tell the Feds to shove it.
If CA and/or NY are bailed out, the tax bill for everyone will be huge. Any alleged excess contribution they have been making will quickly be overcome.
I, too, would like to see CA and NY tell the Feds to shove it now and go their own way before they drag everyone down. Good riddance!
This why I have been educating my children. Even though they went through the public school system, I still help them to dig deeper into our history and find out for them selves what the truth is and what the founders were trying to accomplish. Thank you Michael Boldin and The Tenth Amendment Center.
I am surprised that there has been no reaction on this web site with regard to the opinion column in the WSJ yesterday entitled The Case for a Repeal Amendment. I have two comments on the article
1. The authors seem confused as to what nullification is. They think it is an action by federal courts . My understanding of nullification is that it is a state action whether by state courts or legislature.
2. They imply that under this proposed amendment the states can vote for repeal simply because they dislike a particular law. While the end results may be the same, I don't believe the states should have the power to overide federal laws for any reason other than that they believe the law is unconstitutional and an abuse of the powers as spelled out in the constitution.
What say you?
When the Constitution says one thing; the Congress dose something else.
I
The State's have the power, and the duty, to "support this (U.S.) Constitution" by putting down violations of the Constitution within its borders. The State legislature speaks for the State "in its highest sovereign capacity" (See Report of the New York Legislature, 1833, reprinted pp. 550 ff., Vol. II of the 1918 Annual Report of the American Historical Association). Each State officeholder also is sworn "to support this (U.S.) Constitution" (Article VI, par.3).
When violations occur, the State's are not the hapless and helpless victims of the agent they created with their sister States. As principals to the Constitutional Compact, States have all of the powers of the sovereignties that were recognized by the Treaty of Paris, having been brought in "on an equal footing" with the 13 original Nations.
This status as a Sovereign State creates the responsibility for correcting Constitutional violations within the boundary of the State. When the Constitution is violated by an agency, such as the Congress, the State, "whose creature it is…must take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify" (Federalist No. 33).
Mike--Yours is the best idea and more in line with the focus of TAC's emphasis on nullification. While it may not hurt to implement other ideas (such as the above mentioned Perpetual Continental Congress), I think the more effective emphasis, especially at this point in time when the feds are the greatest offender of violating the Constitution, should be a re-empowering of the states' sovereignty. Like most problems in this country, the foundation is solid--we just need to return to it and apply it as intended. Case in point: Illegal immigration. We do not need some huge "immigration reform bill", we simply need to enforce our current laws. Problem solved. In the same way, states need to keep building up and exercising their Tenth Amendment power to safeguard their state from unlawful federal laws through proactive state legislation. This, of course, requires electing like-minded patriots who will honor and defend state sovereignty in our state legislatures.
We live in a perilous time. We are overwhelmed by debt. Unemployment is rampant. Our country is failing. And Congress has gone astray. Our Founders recognized that one day this might happen. They provided a way out - an Article V Convention.
We The People, we are the caretakers of our great nation. To us is reserved the ultimate responsibility to come forth, to take hold, and to effect the preservation of our great nation.
The purpose of an Article V Convention is to closely examine the need for any proposed Constitutional Amendments, to carefully draft any such Amendments, and to formally propose their adoption. .
It is accepted that Congress is so hampered with internal strife that these Amendments cannot be enacted through traditional legislative action. An Article V Convention is required.
Suggested Amendments have included:
* Appointing U.S. Senators by State Legislatures.
* Clarifying State Sovereignty.
* Clarifying the Commerce Clause.
* Limiting federally imposed mandates.
* Approving a Balanced Budget Amendment.
* Eliminating the current IRS.
* Adopting either a Flat or a Fair Tax.
* Setting Term Limits.
* Adopting English as our official language.
* Limiting the birthright to children of U.S. citizens.
we need to celebrate the constitution, it is the supreme law of our land. We need to elect people who will uphold and protect the constitution and our rights.
In large part the states have been slow to enact nullification because of funding. The feds take our money then dole it back as they see fit. In the past I've seen states that try to enact laws the feds don't like and they were punished by loosing the very money that came from that state in the first place.
Agreed. I've posted here before that it would be helpful if someone who has access to the data for a given state to calculate the net loss of revenue to the state if they stopped sending money to Washington DC and also stopped taking money from Washington DC.
I honestly do not know how that would come out but it would help state legislators who are so inclined make an informed decision whether to tell the feds to stuff it.
As for me, I'm willing to take whatever pain would follow from refusing federal funding because I believe in freedom and will not sacrifice it for money.
Agreed!
I've had that thought, too. But, overall, it's ok with me because a lot of interesting stuff comes up in the comments. I think the article is like a springboard for people's thoughts. It may launch people into a different plane of thinking that doesn't seem related to the original article. But, it's probably worth it because it is helpful to get this kind of robust debate and exchange of info.
Two heads are better than one. Spring board, I've heard that before and it seems relevant to me. Keep it up. w/ Gods' help we have the power to know the difference. And, not all articles are better than comments. I'm willing to read both and make an "interesting" observation as JAXTAC did.
Interesting points...
Can you please explain more about the impact the incorporation of DC or can you possibly suggest a web link that explains?
Thanks!
Consider a separate and PERPETUAL Continental Congress, consisting of elected delegates from the several states, to act as the peoples' watchdog to 1) protect and defend their unalienable Rights through vigilance and education, (detecting and reporting misconduct in government); 2) voice the people's consent according to the tenets of founding documents; and 3) temporarily serve the states as a backup limited central government during any act of the People to exercise their Right "to alter or abolish (the permanent central government) and to institute new Government ... as to them shall seem most likely to effect their Safety and Happiness."
A perpetual Continental Congress would then serve as the aggregate voice of the people, being represented through their state delegations, to monitor and report on government conduct.
I like it. Do you see this PCC as having any power to review acts of the feds? For example, elsewhere, I've proposed a Constitutional Review Board that is made up of state delegates and is empowered to review and rule on the constitutionality of acts of the federal government. In this idea, the US Supreme Court is NOT the final arbiter of such disputes.
TextualistDude recognizes the crux of the problem when he states, "the US Constitution should have included a mechanism for determining the constitutionality of acts of the federal government." However, this mechanism cannot be a part of the constitution, nor otherwise of the central government. Rather, it should be an independent institution of the people created to secure and protect their sovereign Rights as outlined in the Declaration of Independence.
Our local "Patriot/tea party" group is holding a celebration/education/demonstration today. We got front page coverage this morning, too! We'll have info on nullification (petition to sign), Oathkeeper flyers, and info on an upcoming Constitution class. :-) Doing what we can to educate folks and reach like minded people.
how do i get a copy of your petition to sign?
Mr Boldin is correct. Nullification is a too-long forgotten tool we have at the state level to block the expansion of Federal government. I've been urging people to contact their state legislators and governors and urge them to invoke nullification. Seems the folks in Phoenix have been listening some at least,as AZ has about 10 or so different measures either already on the books or in the works to nullify various actions by our Federal government in recent times. But more of us need to be doing that at all levels. So take the advice here and get your state people moving on it, before we don't have a nation left. Mr. Burke is also correct; only I'm not sure of the species of "protectors" I was thinking more like coyotes. Still the principle is the same; it's the very enemy against which we're supposed to be protected that's doing the "protecting" and we all know how that works!
The movement to educate the public that they have a Constitutional Right to self determination is a worthy and necessary goal. This is not about dismantling or destroying, it is about healing. We have been complacent as a people to the growth and over reach of the federal government and many are lost as to the solution, although nullification alone will not restore our nations central government to it's proper role ( nothing is that simple ) it is a great tool in the Liberty tool box and needs to be understood. I look forward to the meeting in Orlando on 10/10/10!
September 17, 1787 signified the end of the Federal Government and initiated the transition to a National Government. It was 2 years before the Constitution was conditionally ratified, and 5 years before there was a tenth amendment. The Government needed the Constitution to give them more power over the people. Yes, we need to celebrate the death of the Confederacy and the birth of the National Government.
Wrong. The Constitution gave the Federal Government very limited and defined powers from the beginning. Read the Constitution. The states were given unlimited and undefined powers. This qualifies our government as a Federal Government, not National.
I believe you may be mixing up the Colonies, which became the original 13 states with the Confederate States of America; too. The Confederacy died on 9 April 1865, not 17 September 1787. What began to change here was the transition from the original Articles of Confederation to the Constitution of the united States. That changed again with the incorporation of the District of Columbia following the Civil War also, and we became the United States of America. And no the capitalization or lack thereof is NOT an accident. What we should mourn is the death that occurred with the incorporation of DC, and t he loss of our original 13th Amendment at the end of the War of 1812, when the European banksters once more took control of our nation, albeit subtly at first!
The Beaufort County Committee for Constitutional Studies of North Carolina is celebrating the September 17, 1787 signing of the Constitution with a ceremony followed by an all day seminar presented in the tradition and intent of the Founding Fathers, "The Making of America". Our public schools are on board with us. Every class including Math and Science are celebrating with an activity that relates to the Constitution.
Cool!
Michael thanks for a great article. It is easy to see how the political party has divided us and of course this is to the Govt. benefit. United we stand, divided we fall is as true today as ever. While we are busy pointing fingers and hurling insults at liberals or conservatives as the case may be, the politicans are having a field day with our rights as stated in our Constituion. The only thing standing between them and us is that revered work inspired by God and put to paper by patriots. Maybe just maybe America will survive as the free nation they envisioned if we can stay united in our common love of individual freedoms. Thank God it is still a day of celebration whereas we still have freedom of speech.
Our rulers have consistently upheld a part of the Constitution: taxation. How's that working out? We give up our property rights with Eminent Domain. How's that working out? This document claims to protect rights while specifically taking them away. As Ayn Rand pointed out, mix good ideas with evil ideas and the evil wins. Trash it and government so we can start over.
I disagree. I think the Constitution is an excellent implementation of a republic. The only error is,
WE DON'T FOLLOW IT! The problems you highlight are consequences of abuses of the constitution, whereas if we'd hold the government to the constitution we wouldn't have these issues.
When the Feds don't follow the Constitution, NULLIFY!
Also, you completely ignore the BIll Of Rights! You sound very much like a shill.
If we allow these crooks we have in office now to open up a constitutional convention we will be screwed even worse .The judges they have put in place now have screwed the constitution up bad enough but if we allow Ovomit and his czars open acess tochange anything ten we might as well junk the whole damn thing,leave the damned constitution alone and use it as it was written to impeach Ovomit ,reid,Pelosi,and the queer freak Franks ,fire all of these czars that have no business making decisions that are totally illegal,these people all should be put out of Washington now who has heard what we are paying these people and who signs their pay checks. Shut this bunch down now before they open the borders completely ,give the illegals total amnesty and put us all under Sharia law .Force Ovomit to produce ALL of his records before congress on open TV ,Tell the UN to get their shit together and get the hell out of our country and tell the Muslims to pack their shit and follow the UN
Nullification is a great thing if the states follow through with it, which I am beginning to believe they will not.
To begin with, the Constitution is our rule of law that has been abused until it hangs by a thread. Obama's actions as a ruler, using executive orders as law, is unconstitutional. We need a Supreme Court that will reign in these abuses.
Also, the 16th Amendment was never ratified legally. Direct taxes are unconstitutional.
And Ayn Rand made some wonderful observations when it comes to economy, but it takes a moral society, a nation under God, to make freedom work, and she was deficient in her understanding of morality.
And you are morally sufficient enough to pass judgment on anothers morality? My but we think quite fondly of ourself, don't we? And to completely overlook G.W.Bushs trampling of our rights just serves as one more example of you myopic and self serving view. It is in fact this 'holier than thou' attitude that is dragging this great country down. Ironic considering one of the foundations of this once great country was freedom of religion. And the founding fathers meant all religions, not just yours.
What religion does not claim the same universal moral laws? Do you think Ayn Rand's philosophy qualifies as a religion? I don't.
you and your accusations don't belong here. mentioning one Pres. and not another is not proof of, lack of blame, for any of the past people at fault. we're all standing on a line, making a stand, coming to a cross roads, as they say. we stand together and exchange ideas for the betterment of all. this includes yours Noels' and anyone else. we could write books on blame, but, a few examples at a time, in time, are what most need to understand a point. I am taking from Noel, that we need "God to make freedom work". Even, that we need "more" God to make freedom work. That's a great point!!! By the way, we can all be more Moral. The only person, ever, in this world, that was not deficient in understanding morality was JESUS. Let's come together and leave the insults at the door. Look for the good and bless the ignorant. if you can't find something nice to say ............. pounce, stab, chew and claw. get violent. NO. !!! I don't even think you, the high judge, believes that. now shake hands and let's play nice.
It's not the wording of the Constitution on those issues that's at fault; rather it's the manner in which subsequent leaderships have interpreted it which is in the wrong and has caused the problems you're attributing to the Constitution itself; just as; we have the "anchor" baby problem because of a deliberate "misread" of the 14th Amendment; and then there's the missing original 13th Amendment; the one that WAS ratified by the states! Again it's the leaders, the people who are doing the interpreting, NOT the Constitution itself that's the problem; and we the people have allowed these errors to go on unchecked, when we should have been acting against them for decades now!
Can you give me a link to some information about the 'missing original 13th Amendment.' I'm sorry to say, I don't know what you're talking about but it sounds VERY interesting!
FWIW, I agree that the wording of the US Constitution is fine; it's the people. Also, we get the government we deserve when we keep voting for these losers...
i agree and note that we have a lot to repeal. much side work as they say. the founders didn't get paid and did it all on top of their careers. time to role our sleeves up so that one of our next generations have a good example and don't have take up our slack.
The ONLY problem with our government and its Constitution is that people, who ARE the government, are lazy and are neglecting their responsibility to the Nation!
Get off the duff and do your part. Nullification IS the real deal, and will work if we give it a try. The Constitution is genius, and nothing less.
yall really do get the news out but is it news or is it just gossip and stuff yall do ? dats something i want to knw dat rite there!!!!!!!!!!!!!!!!!!!!!!!!!! andrew herron
Great reminder! Thanks!
Nullification is not without its drawbacks but it is the only viable, non-violent option I can see at this point for those of us who strongly believe the US Constitution has been ignored for far too long.
It seems now that the US Constitution should have included a mechanism for determining the constitutionality of acts of the federal government. Without that, nullification is the best answer.
Further, I do not believe a con-con is quick, reliable, workable, realistic or flexible enough to address this MAJOR problem. The number of issues that arise combined with the creativity of power-mad people and the frequency with which the feds violate the letter and spirit of the US Constitution all make a con-con unworkable as an ongoing solution.
dat rite dere
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
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