THE AXIOMATIC PRINCIPLE OF NULLIFICATION
The political discourse on "Nullification" is not new. Actually it was a basic upon which the Virginia ratification convention and back into the colonial period before. Thomas Jefferson further expounded upon this important principle by which remedy of state interposition is preserved to protect the state from all laws which violate the Constitution during his drafting of the Kentucky Resolutions of 1798. Today our elite media dictated to by the reining oligarchy would have us believe that is a radical new concept. In fact it has always been in the mainstream of political thought from the fundamental principles of the Constitutional Republic.
Nullification begins with the axiomatic point that a federal law that violates the Constitution is no law at all, the simple truth that it is void and of no effect.
Nullification carries that UNCONTROVERSIAL point to the execution of that guiding principle that if a law is unconstitutional and void and of no effect, it is the duty of the state as parties of the federal COMPACT to declare it unconstitutional and refuse to enforce it. It would be an exercise in futility to wait for the federal government or any branch thereof to condemn and rescind its own law.
As Jefferson pointed out the central point of "nullification" is that the federal government cannot be permitted to hold a monopoly on constitutional interpretation. For if the federal government had the exclusive right to judge the extent of its powers [as James Madison and Thomas Jefferson warned] it will grow regardless of the separation of powers, elections and other limitations which are tried to oppose it.
The Constitution cannot be expected to be self enforcing. Like any law it only has power such as WE THE PEOPLE enforce. As we have seen the checks and balances of the legislative, judicial and executive branches of government provide little guarantee of limited government. The three branches have united against the independence of the states and conspired to intrude upon the rights of WE THE PEOPLE. It is the sacred duty of the states to protect its people from unconstitutional, illegal laws. It is the moral obligation and responsibility of the people of the states to assure that their states do so. It is unconstitutional and unprincipled, therefore morally and ethically corrupt, for the federal government to have powers over individual states rights or intrude upon individual liberty. That is the axiomatic principle of nullification. This principle of right ought to be above debate.
It goes without saying that unconstitutional laws have been and are being passed. Likely most of the Federal Laws are doubtlessly unconstitutional. Obviously petitions by WE THE PEOPLE, objecting to such laws has little if any affect. What about the courts? There are volumes written about federal courts and states courts failures to police the federal and even state governments. The problem is that they have all become agents of the CORPORATE STATE. We must not surrender to the notion that any illegal law must be complied with just because it is imposed by government. NO! That is not FREEDOM.
Even the Federalist/Loyalist Alexander Hamilton in Federalist #78 stated, "There is no position which depends upon clearer principles, than that every act of a delegated authority to the tenor of the commission under which it is exercised, is VOID. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men, acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
We will see this debate when the controversy over unconstitutional laws arises in the very near future. There is going to be a thunderous argument over whom has the power to declare a law unconstitutional and whom may declare an unconstitutional law void and unenforceable. This should actually be beyond debate! Certainly the federal courts cannot be depended upon when it is itself a branch of the federal government. So in a dispute between the states and the federal government is the resolution to come from the federal government? God Forbid! If that were true the Federal Government has absolute power over the state and over WE THE PEOPLE. We The People are the employer and those officials of the federal government are OUR EMPLOYEES! Jefferson refused to accept the conclusion that federal government had any authority over the states. He found it incomprehensible that any state would accept subordination to an all powerful federal government that would certainly devolve into an unjust oligarchy.
Dozens of states have already employed nullification of the REAL ID Act of 2005. Nullification is being used to defy federal dictates over arms and the new health care law already. Nullification is the simple answer to the question we hear about the difficulty of restoring the Constitutional Republic.
I would like to refer you to a great read on NULLIFICATION: How To Resist Federal Tyranny in The 21st Century by Thomas E. Woods.
For those of you with reading disorders or who simply will not read here is where you can listen Woods explain Nullification. Be sure to watch all of the collection of videos of this speech so you get a better understanding of Nullification. Tom Woods Speaks on Nullification.
I thank mister Woods for his discussion of this essential political action and the education provided in his book. Every American should read it. For every political aspirant and those now in office it should be required reading. I find it reprehensible that our so-called Congressmen, Senators and government officials have so little knowledge of the Constitution if they have ever read it. Furthermore, it makes me wonder have they ever bothered to read THE FEDERALIST. I doubt it.
We are, as it is so many times stated, a nation of laws, but laws must emanate from a lawful and principled fundamental law and that is the CONSTITUTION of the Republic of the Union of States of America. To abide illegal laws is as immoral and unethical as breaking of rightful lawful laws. It is high time to chose Right from Wrong and no contract makes any Wrong a Right.