The next stop on the Nullify Now! Tour is on Aug. 20 at the Truman Forum Auditorium in the Plaza Branch of the Kansas City Public Library.
by Michael Boldin
NOTE:The following article was featured in the Personal Liberty Digestâ„¢ newsletter on Friday, 08-11-11 – here.
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In a recent interview with a reporter from the BBC, I was asked what I thought about proposed cuts to foreign aid spending. “More than 10 percent in cuts, that’s pretty steep, right?â€
My answer: “Steep? [Chuckling.] It’s all perspective, I guess. My preference? I’d like to see that number changed. To 100 percent.â€
The reporter was shocked to a point of near-disbelief. The responses given to me were the common ones. I must be OK with people starving in the streets, or people dying of AIDS, or any number of other horrors that would obviously happen if the Federal government were to follow the rules given to it: the Constitution.
In another interview with The Washington Times last week, I was asked: “With all the talk about the 10th Amendment from candidates, what are voters getting from this?â€
My response: “They’re getting duped. For probably a century, it hasn’t mattered which political party has held power in Washington, Federal power always grows.†I heard a bit of a chuckle in response.
What’s the point of these two seemingly unrelated discussions?
Problems Don’t Fix Themselves
On the one hand, there’s a considerably large segment of the establishment that would reel in horror at the thought of individuals having, well, personal liberty and the Federal government being limited to those few powers that have been delegated to it in the Constitution. On the other hand, there’s a large part of our own population (you know, we average people who want the Constitution followed on every issue, every time, with no exceptions and no excuses) who focus all their time, money and energy on Federal elections as a solution to our problems.
In my opinion, both ends of that spectrum are problematic, at best.
In regard to the latter, going to the Federal government to fix problems created by the Federal government not only doesn’t work; but after a century or so of trying, it might be bordering on insanity.
As I wrote in a recent column on Personal Liberty Digest™, there is a solution to our problems, and it doesn’t rely on the Federal government magically fixing itself. Instead, it lies with us — through the Jeffersonian remedy called nullification.
Nullification: Educating The Masses
In September 2010, the Tenth Amendment Center, in tandem with local groups around the country, launched a series of events around the country to educate people on these principles. The Nullify Now! tour has already been to eight cities and is heading to Kansas City, Mo., on Aug. 20; Jacksonville, Fla., on Oct. 22 ; plus Philadelphia; North Carolina; and elsewhere.
Our goal? Forcing State nullification — Thomas Jefferson’s doctrine that States must refuse to allow the enforcement of unConstitutional Federal laws — into the political discussion by means of a series of high-profile events. So far, it has been working.
For example, Texas State Representative David Simpson spoke at Nullify Now! in Fort Worth, Texas, while he was still a candidate for office last year. He went on to introduce legislation to nullify unConstitutional search and seizure by the Transportation Security Administration in Texas airports. While the bill didn’t go the distance, it got major national attention, bringing the idea that a State can and should step up to stop the unConstitutional TSA.
In other States, bills have been considered to nullify Washington’s unConstitutional acts on gold and silver, healthcare mandates, gun laws, Environmental Protection Agency regulations and more. Around the country, people are actually considering proposals to use their States to block the Federal government.
The Establishment Hates Nullification
In fact, it’s happening so much that some of those in the establishment who would reel in horror at the idea of personal liberty are out on the warpath. Rachel Maddow of MSNBC is just one example. She recently did a 14-minute segment on the subject of nullification. And her presentation, as you might guess, wasn’t a cheerleading session either.
The segment, titled “Confederates in the Attic,†was about how efforts today, primarily championed by the Tenth Amendment Center, to decentralize power and reject unConstitutional Federal “laws†are somehow directly related to slave owners in the pre-Civil War South.
No. That’s not a joke. She was quite serious.
She said: “A conservative group called the Tenth Amendment Center has been pushing a lot of the anti-health reform stuff… in the context of nullification. And they’re pushing for other kinds of nullification, too.â€
The Center has been pushing anti-health reform stuff? Yep. We drafted the model bill, theFederal Health Care Nullification Act. Versions of our legislation — to either fully nullify or refuse compliance with the Patient Protection and Affordable Care Act (Obamacare) — have been introduced in 11 States so far, and it’s making headway in a few, too.
We’re pushing for other kinds of nullification, too? Ab-so-freakin-lutely!
Two for two. Good job, Rachel! But, no, it’s not related to slave owners; it’s about decentralization — for freedom. In fact, nullification was used in opposition to Federal slave laws prior to the Civil War, but that’s something we can cover in more detail in a future column.
Rachel is not the only one trying to frame this movement in a negative light. The establishment has spent considerable time attacking our efforts, and the efforts of those pushing nullification. The Southern Poverty Law Center recently issued a “warning†that the Nullify Now! tour might be headed to a city near you. Saying “no†to Washington requires a “warning?†For lovers of endless central power, it sure does.
If you’re not catching any flak, you’re not over the target. And the Tenth Amendment Center, along with other advocates of nullification, are certainly over the target.
Real Progress
But it’s not just ideas and bill proposals that are happening. This is all building off an already-growing movement around the country.
Since 2007, 25 States have passed resolutions or binding laws refusing to comply with the 2005 Real ID Act. The result? That law is still on the books in Congress. It has never been challenged in court. Yet, due to massive State-level resistance, that law sits null and void in much of the country.
Fifteen States are now defying both Congress and the Supreme Court on marijuana. Eight States have passed Firearms Freedom Acts, making State law that a gun made in State and sold in State is not part of “interstate commerce†and the Feds need to keep their dirty hands off. Seven States have passed Health Care Freedom Acts to block health care mandates from being enforced. And in Utah, a bill was passed this year allowing gold and silver to be used as legal tender. If enough States do that and enough people start using metal for currency, the entire Federal Reserve system should be quaking in its boots. Ending the Fed from the bottom up is the idea, and it’s going to work.
Not Just A Good Idea: Duty
James Madison informed us that nullification is not just something to talk about, or take action on after trying everything else. Instead, it’s your State’s duty to stand between the Federal government and you to protect your liberty. He called it “interposition.†In Virginia Resolution of 1798, he wrote:
That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them. [emphasis added]
Get the New T-Shirt!
Something significant is happening around the country. Plenty of informed people are beginning to make a stand in the name of a doctrine that the establishment despises. The idea is already reaching the general public.
More and more people are understanding that elections don’t fix things. They never do. While our “leaders†would like us to believe that all roads lead to them, the fact of the matter is that it’s only through us — decentralized activism and nullification — that we’ll see a growth of liberty in this country.
Nullification isn’t just some historical oddity. It’s not just a good idea. It’s our duty to say no to violations of our liberty.
Sheriff Richard Mack put it best in a recent interview on Tenther Radio. His message to Washington? “Shove it up 1600 Pennsylvania, and leave us the hell alone!â€
They don’t want us doing this. We are doing it anyway. Be a part of it, and Nullify Now!
Most people would be amazed at the excess of the federal government that they take for granted, if they ever read Art 1 Section 8.
Saw your earlier post about republican presidential candidates. Allow me to share my story. As a small child, my brother and I found ourselves hopelessly lost in a heavily forested area behind our home. We kept crying out for Mighty Mouse to come save us. Suddenly, hearing the crunch of branches, we thought our wish had been answered. Instead, dad punched through the thick forage to our great disappointment. That cartoon mouse had let us down. The moral of the story is that sometimes you have to settle for the candidate that's best able to help the country out of the social progressives' haunted woods. It may not be who you wanted. Please vote. As a Texan-American and independent voter, I'm voting a straight republican ticket come 2012.
The problem with this example is that Mighty Mouse is not real. Ron Paul is. I see the point you are trying to make, but my conscience just can't handle voting for another John McCain. I'm voting for Ron Paul whether he is on the ballot or not.
But if Ron Pauls name is not on the ballot then what are you voting for — principle? Ron Paul is a great Constitutionalist and I appreciate his knowledge — I believe that other Republicans believe the same as Ron Paul but articulate their positions differently. There is only one Ron Paul true — but again should his name not appear on the ballot may I suggest that you develop an alternate choice in that case?
KUDO'S to you Dan, I wrote in Ron Paul in 2008, because they wouldn't put him on the ballot.
Dan
you might as well just check off ocommie on your ballot and get it over with a vote for anyone but the person nominated is a vote for ocommie and we have to start somewhere go out and campaign for Ron Paul but if he don't make the cut why wast a vote and help these communist Democrats to another 4 years of destroying our country , I know its not all the communist democrats who have caused this but they are the most un American bunch of bastards to run this country in its history…………..ABO
Theoretically, Ron Paul could win as a write in candidate, but he would have to be registered as a write -in candidate in each state for the votes to count. Otherwise, your vote is not counted, but not necessarily "wasted". I had the same problem with McCain after he "suspended his campaign" to go back to Washington DC and voted "yes" on the first bailout, not having been aware of his true colors prior to that. The Republicans, like the Democrats, have done this country no favors, but the Republicans give lip service to freedom and are therefor far more dangerous. Thus we owe them nothing, but by way of a preemptive strike, we should make the Republicans aware that if they give us another moronic windbag who does not support nor even understand the Constitution like, God forbid, Romney or Bachman (a former IRS tax lawyer!!!), we will not only vote them down, but do everything in our power to destroy the party.
In 2008 Ron Paul made Romney look like a monkey in a suit, in terms of Constitutional understanding.
West Texan, people like you are LAZY and part of the problem…not the solution. You think you are doing your civic duty by going and voting but don't want to take the time to make an INFORMED decission. If people spent as much time watching our government as they did studying and watching their favorite sports teams, we wouldn't be in the mess we are in. SHAME ON YOU!
Take the time to learn which candidates are the best REGARDLESS OF PARTY AFFILIATION.
Today we have the government we deserve. You wouldn't run a business by installing a manager and then only checking up on him every four years, but that is what most of the STUPID ELECTORS have been doing as long as I have been watching some 50 yrs. No wonder the till is empty.
Please Kenneth, give me a break. I get enough of your vent from big government social progressives, who also demand instant ideological gratification. Such is the fast food, text messaging, urbanized age. As I stated earlier, constructionist need to join forces during the general election. Doing this is not being "LAZY" nor giving up principle. It's being "SMART" and working with what's available. Call it business 101.
As a military veteran, my personal oath to defend the U.S. Constitution focused primarily on the Bill of Rights. Minus these original ten amendments, the constitution is but a pile of rubble.
Your post, and the replies below, kind of demonstrate a misunderstanding of the Tenth Amendment and Nullification. The Founders never intended us to place our HOPE and reliance upon the federal government to secure our Freedoms and Liberties, this is what the state level governments are intended to do (in fact, were doing throughout the Revolutionary War and before there ever was an US Constitution). So the point is NOT that we need to be looking for a "savior" for President. They don' t have the authority, or the ability that our State governments have to preserve our Liberty. The BEST we can hope for on the federal level is to get gridlock and stagnation in legislative outrages, to give the states more time to educate their People about Nullification, so the true heavy lifting of Freedom preservation can be accomplished. Ron Paul, or any other individual, can not 'save' this country, only the People can, using the Constitutional tools our Founders gave us (the President is not one of them, but Nullification is). When the states are properly utilizing the nullification tool, then it will matter not who is in the White House.
The reason you have a tenth amendment is because of the U.S. Constitution. Our country ended its confederation hundreds of years ago. So I'll have to disagree with your view. I tend to see the tenth in terms of Madison's federalist commentary # 45. He added the tenth to satisfy concerns that the constitution alone didn't protect the domestic sovereignty of states. The preceding nine amendments do protect personal liberties, such as the recent McDonald verses Chicago case. And being from the south, I can assure you that civil rights were trampled on by state governments. For these reasons alone, I'm glad the U.S. Bill of Rights supersedes state law. Unlike the commonwealth of Kentucky, Texas was its own republic agreeing to join the union primarily because Mexico continued to be a military threat, which drained Texas' resources. In retrospect, Sam Houston should have put differences aside and allied with either France or England. Had he known the power grabbing nature of 20th and 21st century social progressives, he might have.
Perhaps a media contest where the media personalities would be invited to compete for prizes. It may even become a TV reality game show. Invite (ladies from the View, perhaps) several media personalities. Put them into a room, and ask them to find education in the Constitution. The fastest to find it wins a prize.
Then, have them find "separation of church and state". Next, enumerated powers of Labor. At the conclusion, have anyone who found any of these don a waterproof costume and hit them in the face with a pie. Instant success! Others may include "railroad retirement systems"; EPA, etc.
I don't care how it's done. Just get the Feds out of my face.
Excellent article. Michael said, "The establishment hates nullification". Sadly, this is an understatement. The tyranny of social progressivism seeks to destroy the constitution and its dual sovereignty under federalism. Wilson's administration gave a decisive blow with the 16 and 17 amendments. It's been down hill since gaining speed with the likes of FDR, LBJ and now Obama. America's social progressives "Hope" to "Change" our country into one big national socialist state modeled after those of Europe. Have these wing nuts ever picked-up a history book? No doubt most fell asleep if they're capable of reading.
Do we need a state law to nullify a "null & void action"? What the feds call a "law" is often not so. Can't a state merely refuse to enforce the "…progress of evil."? Can a state bar federal enforcement by placing state LEOs between the citizen and the feds? Would it? Has it? I doubt it. We are asking gov to limit gov. Maybe on the county level a sheriff might. I hear lots of brave talk but I am waiting for action. I would love to be asked to serve on a jury where a "null & void action" is involved. I would use nullification to stop gov evil.
Don, your local county/parish [Louisiana for county] Sherriff is the MOST powerful elected official within the United States. He has the legal power [if he will use it] to arrest anyone, anybody within his jurisdiction who is in violation of the law. This includes “Federal” and State officials. Check out Sherriff Mac’s presentations for additional information.
This is true
But beware that your Sheriffs do not begin to defend the Shariah Law and Muslims positions as is happening in the county of Los Angeles CA
Right on Bayou Castine. I'm also from Louisiana and totally agree with the hidden and long neglected power of the county.
Read my blog post here: http://itistreason.wordpress.com/2011/08/12/can-s…
Sheriffs in partnership with the 10th Amendment can save America!!
Right on Bayou Castine. I'm also from Louisiana and totally agree with the hidden and long neglected power of the county.
Read my blog post here: http://itistreason.wordpress.com/2011/08/12/can-s…
Sheriffs in partnership with the 10th Amendment can save America!!
Great Post!
You lost me at corporate owned media's Rachael Maddow covered nullification and the report was scathing… it would seem that you also like to pile on the b.s.
Does it sound like democracy to me… yes, it does, and that's the problem. This country was established as a constitutional republic, remember?
Folks, support Nullification, NumbersUSA, and other worthy organizations but be sure the dollar is going to become worthless and we will be reduced to bartering (or using silver and gold as the coin of the relm) so prepare for what's really happening. Read the articles at National Inflation Association on line. Grow your own food, prepare to hunker down. If you live in the middle of a large city get the hell out while there is still a chance. Be ready by this fall !
We have had some great presidential candidates in the past few elections but they have not had a chance because there are too many of the uninformed voters who think that they have to vote for the lesser of 2 evils. If you are willing to give up your principles to vote for a candidate just so you prevent the other candidate from winning, then you had no real principles to begin with, you only have preferences. So many people say that a third party cannot win even though they have the best candidate and then they participate in defeating them. Sounds like an attempt at showing how intelligent they are by completing their self-fulling prophecy.
Why stop at nullifying only Obamacare, the Patriot Act and TSA? Can we nullify all the "budget deficits" that have added up to our $15trilliion national debt? That would be an "ex post facto" nullification? If we cannot retroactively nullify, perhaps we can nullify the current deficit each year, annually. It seems that the congress running annual budget deficits should, or ought to, meet the Jeffersonian criteria for 10th Amendment nullification; they are deliberate, palpable and dangerous to the Republic; deficits are clearly an evil that needs arresting. There is no other way to stop this insanity.