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the following is based off a speech given at LibertyFest NYC on 10-13-12
Federal campaigns have been a failure. And I’m not talking about elections alone. For over a 100 years – and probably longer – people have been suing and marching and voting bums out. And the result? It doesn’t matter which political party is in Washington DC – or what person occupies the white house – federal power always grows and your liberty is always less.
The liberty movement is ready for a different path. I’m not talking about something new. I’m talking about getting on board with something that’s already happening and already winning. It’s a path that we’ve been advocating for at the Tenth Amendment Center since 2006.
ONE.
What’s next for the liberty movement? I can answer that in one simple word. Weed.
People have been smoking, growing, buying and selling weed for a long time. Some people get punished for it – and many more actually get away with it. And in my state of california – eventually enough people were on board with this that the political activists decided to take action too – and in 1996, proposition 215 was passed which “legalized” cannabis for certain, limited purposes.
Over the years, the feds have absolutely hated this. At first, they were extremely aggressive in trying to stop people from growing, selling and consuming this plant. But people did it anyways.
And in time – more people got on board and the risk became less. Pretty soon, a number of businesses began popping up around the industry – to the point of what we have today – thousands of businesses around the state either directly or indirectly involved in the marijuana business. This is a market that is nearly impossible to shut down. In fact, today where I live in Los Angeles, there’s literally between 1000-1200 retail marijuana stores – that’s in one city alone.. There are more stores selling marijuana in LA than there are Starbucks and 7-11’s combined.
California, though, hasn’t been alone. By 2005, there were 10 states that were doing the same – and violating federal laws on weed. It was that year that a Supreme Court case was decided on the issue, and in the famous case, Gonzalez vs Raich, the Supremes ruled against the state marijuana laws.
As I was learning about government, I always thought that if the Supreme Court ruled against a law in one state, other states which had similar ones would repeal them. But after that case was decided in 2005, not one single state repealed their medical marijuana laws. And today, another 7 have gotten on board too.
The supreme court may have an opinion on marijuana – or just about anything else – but let ‘em come and try to enforce it!
IT WORKS
This is something that we would call Nullification.
The way WE define nullification is like this – it’s “any act or set of actions which has as its result a particular law being rendered null, void – or even just unenforceable in your state.” And you could actually take this on down to the county, town, or local level.
While national efforts to end wars, stop NSA spying, repeal the patriot act, overturn health insurance mandates, audit the fed – and more – have all failed – they all fail – as these 17 states are showing us, Nullification works.
And this November, when people go to the polls, the most important vote isn’t being cast for Obama or Romney or Gary Johnson. It’s not being cast for a Senate or House race. It’s not being cast for anything on a federal level. This November, the most important votes are being cast in Massachusetts, Arkansas, Washington State, Colorado, and elsewhere
In Massachusetts, polls show medical marijuana question 3 up 69%-22%. The 18th state to nullify federal marijuana laws is going to do it by a landslide. Arkansas has a similar initiative that is up slightly in the latest polls.
In Colorado, Amendment 64 is taking things to the next level. they already have medical marijuana. This would legalize the “sale and personal use of marijuana” for people 21 and over. That one is up by 10 points – 50% in favor, 40% opposed. The same one in Washington State, Initiative 502 is polling at 57% in favor with only 33% opposed.
If any of these states pass their marijuana measures – especially the legalization efforts – it will further the de-facto nullification of federal laws on pot that is already happening in 17 states around the country right now.
JUST THE BEGINNING
As Democrats and Republicans continue to work together in DC to take away our rights, it’s states, local communities and individuals which will rise up and save them.
And what is our path? It’s not about federal elections, or federal candidates, or federal campaigns for liberty of any kind. Our path is resistance..
When Rosa Parks refused to move the to back of the bus – she taught us just how to deal with laws that are unconstitutional – immoral – or unjust.
She didn’t comply and then go and spend a bunch of time knocking on doors advocating for a new candidate for office. She didn’t comply and then spend her time in an expensive and unwinnable lawsuit. She didn’t just comply – and then plan on voting in a new politician to change the law which was oppressing her.
She did something that each one of us needs to start doing more often in our lives. She sat there and said NO.
This is really nullification in action – every single time a heroic pot smoker lights up a joint – violating federal law – they’re helping to render that law, null, void, and unenforceable.
When enough people stand up and say no to the government – there’s not much that the feds can do to force their unconstitutional “laws” – regulations and mandates down our throats.
The establishment knows this, and wants you to stay distracted with federal, instead of state and local efforts.
The neocon editors of the Wall Street Journal are afraid of our success
They recently wrote this about our work to nullify another monstrosity – NDAA “indefinite detention” powers. They said if these state and local efforts continue to grow around the country…
“[it] would undermine executive war-fighting authority”
Under their twisted view of executive war powers – absolutely. And with your help, that is exactly what we intend to do.









I have had this thought for some time now…. I am a cannabis patient in Montana. I have a fused spine and an inability to take pain pills…. and cannabis let’s me function. Anyway, one of my major complaints is the ATF stance that cannabis patients in State-run programs are not allowed firearms or ammunition…. I have a huge problem with that! I am not a felon, I am a patient who uses a natural plant as medicine. Is there any recourse besides turning myself in to them and hoping for a jury trial?
I agree that free men should ignore unjust and unconstitutional laws. And, I can understand your disgust for both parties in Washington, but I quibble with your moral equivalency between the two parties. In the last few years, I’ve seen idealistic young Republican Congressmen and Congresswomen, and even a few Senators, stand up to the power structure in their own party as well as the Democrats. They are not perfect, but the founders designed a system of government by men, not angels.
The weed issue seems to me to create a contradiction for Libertarians. The basic tenet is ‘live free as long as you do no harm’. Marijuana lingers in the human system for up to a month with the user still having impaired functioning for days or weeks following use. Why should I think it’s OK to have this guy driving a 2-ton vehicle on the same road with me and my family?
It’s always disconcerting to see a “Libertarian” jumping through rhetorical hoops to justify tyranny. I’m sure you can quote some egghead study which shows the effects of pot lasting “up to a month,” but here in the real world, any such impairment is minor indeed. The level of impairment will vary widely among individuals, even immediately after smokiing. I often find myself behind drivers who are more impaired by such factors as age, stupidity, cell phone use, beer, and general carelessness. The answer is simple; if someone is driving badly, pull them over and give them a ticket for the bad behaviour. don’t use it as an excuse to give the tyrants the power to micromanage our lives.
@Babblefish I’m not a Libertarian — rather, I’m looking to see whether you guys have a reasonable point of view, or are just adolescent rebels who think 300+ million people are somehow going to become adult enough to respect each other without a government to establish and enforce boundaries. Right off the bat I think you have your head in the sand about pot. A quote from Mike Braun on the Freakonomics website, “In 1985, Stanford University conducted a study of airline pilots who each consumed a low grade marijuana cigarette before entering a flight simulator involving a stressful, yet recoverable scenario. The test resulted in numerous crashes. More alarming was the fact that the pilots again crashed the simulator in the same scenario a full 24 hours after last consuming marijuana, when they all showed no outward signs of intoxication, reported feeling “no residual effects” from the drug, and each also stated they had “no reservations” about flying!” The reason I’d like people to have a fear of serious legal consequences for alcohol or dope-influenced driving BEFORE they get on the road, is to prevent them from killing ME before they ‘get a ticket’.
Grafox, this “adolescent rebel” just retired at 62 yrs old. You evidently don’t appreciate the distinction between Libertarians and Anarchists. We are not arguing for a total lack of government. We’re discussing the constitutional limits which should be enforced on the FEDERAL government. Your opinions about the devastating effects of pot seem to come from the internet, while mine come from a lifetime of experience. Even if your studies were true and unbiased by Federal grants, you don’t have an argument for FEDERAL laws. Get it?
@Babblefish OK. So you’re fine with laws against pot as long as they are STATE or LOCAL laws and not FEDERAL laws. I’m fine with that as long as I can live in a community that can keep potheads off the roads. Got it.
That’ll work, Grafox. While you’re on the road, you’ll still have to keep an eye peeled for drunks, texters, and people with dementia.
The whole point of this blog is to hold the Federal Government to the contract by which we allow it to exist.
If your local community chooses to pass drug laws, it would be nice if the punishment fit the crime. There is no logical reason for pot laws to be more onerous than alcohol laws. JMHO