How many of you are familiar with the term ‘state nullification’?
Basically, state nullification is the power of the states to refuse to enact any federal law that is unconstitutional.
It is based upon the facts that the states existed prior to the Union, the people and not the government is sovereign. Since the people are the ones that are sovereign, they hold the power to restrain the federal government when it is determined that the federal government’s actions are dubious or unconstitutional.
The last paragraph of the Declaration of Independence states,
“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”
Please take note of the bolded line and the power it gives the states.
In 1791, Congress ratified the adopted the Bill of Rights which contained the first ten amendments to the US Constitution. The Tenth Amendment reads,
“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.”
Thomas Jefferson first wrote about state nullification when he drafted the Kentucky Resolutions of 1798 and 1799. He wrote that nullification is the rightful remedy to be used when the federal government exceeds its constitutional powers. James Madison also wrote about state nullification when he drafted the Virginia Resolutions of 1798. Madison went a step further when he stated that states are duty bound to nullify or resist the federal government when they act in violation of the US Constitution.
Jefferson warned the American people about letting the federal government assume more power than they are entitled to. He said that if the federal government is kept in check that it will continue to create new powers and grow out of control.
Therefore there are two things that we the people can do to try to keep the federal government from exercising unjust and unconstitutional policies and laws. First we need to exercise our duty and obligation to vote for people who support states’ rights over the federal government. Secondly, we need to be actively involved in pushing our state leaders to exercise the state’s right of nullification on matters such as the Affordable Care Act (Obamacare) and all other illegal and unconstitutional laws they have shoved down the throats of we the sovereign people.
If the governor and political leaders of your state refuse to use state nullification, like the governor in our state, Steve Beshear (D) of Kentucky, then get involved in recalling them or helping to elect one that does believe in using this power. State nullification can be and is a powerful tool that the federal government does not want you to know about. Please pass the word to others and ask them to pass it on and on and on until every American is pushing for their state to use its power of nullification.