Originally posted on (((www.IamTheTeaParty.net)))
WE THE PEOPLE HAVE THE POWER! Please read this post. It is an introduction to one of a handful of important peaceful solutions we can use to restore our republic. State nullification is the idea that the states can and must prevent the enforcement of unconstitutional federal laws within their borders.
“If the federal government is allowed to hold a monopoly on determining the extent of its own powers, we have no right to be surprised when it keeps discovering new ones.” -Thomas Jefferson
WHAT IS State Nullification?
State nullification is the idea that the states can and must prevent the enforcement of unconstitutional federal laws within their borders.
Says Thomas Jefferson, among other distinguished Americans. His draft of the Kentucky Resolutions of 1798 first introduced the word “nullification” into American political life, and follow-up resolutions in 1799 employed Jefferson’s formulation that “nullification…is the rightful remedy” when the federal government reaches beyond its constitutional powers. In the Virginia Resolutions of 1798, James Madison said the states were “duty bound to resist” when the federal government violated the Constitution.
But Jefferson didn’t invent the idea. Federalist supporters of the Constitution at the Virginia ratifying convention of 1788 assured Virginians that they would be “exonerated” should the federal government attempt to impose “any supplementary condition” upon them – in other words, if it tried to exercise a power over and above the ones the states had delegated to it. Patrick Henry and later Jefferson himself elaborated on these safeguards that Virginians had been assured of at their ratifying convention.
Why Do We Need It?
As Jefferson warned, if the federal government is allowed to hold a monopoly on determining the extent of its own powers, we have no right to be surprised when it keeps discovering new ones. If the federal government has the exclusive right to judge the extent of its own powers, it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power. In his famous Report of 1800, James Madison reminded Virginians and Americans at large that the judicial branch was not infallible, and that some remedy must be found for those cases in which all three branches of the federal government exceed their constitutio
Isn’t This Ancient History?
Two dozen American states nullified the REAL ID Act of 2005. More than a dozen states have successfully defied the federal government over medical marijuana. Nullification initiatives of all kinds, involving the recent health care legislation, cap and trade, and the Second Amendment are popping up everywhere.
What’s more, we’ve tried everything else. Nothing seems able to stop Leviathan’s relentless march. We need to have recourse to every mechanism of defense Thomas Jefferson bequeathed to us, not just the ones that won’t offend Katie Couric or MSNBC.
Won’t This Make the New York Times Unhappy?
More proof it’s a good idea.
How Can I Learn More?
The indispensable source for developments connected to nullification and the Tenth Amendment is TenthAmendmentCenter.com. Its Legislative Tracking page covers a variety of nullification initiatives and tracks their progress in state legislatures across the country.
Read the book, Nullification: How to Resist Federal Tyranny in the 21st Century by best selling author Thomas E. Woods, Jr. He makes the historical, constitutional, and moral case for nullification. Read a free chapter.
And check out what happens when a Princeton professor shoots off his mouth on nullification without knowing anything about the subject.
Nullification is an important defense mechanism for a free people, with deep roots in American history – albeit American history no one is taught in school. Learn more about it, and join the cause.