Nullification – It already happens, all the time

I want two things from every level of politics:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics.

Our constitutions have already been effectively nullified by the endless stream of political prohibitions and mandates, subsidies and taxes, regulations and corruption.  I want our constitutions, state and federal, reinstated, by nullifying everything that violates them.
NullifyAndyI’ll explain.

“Nullification” as a legal doctrine, is very simply, invalidating a law by ignoring it, ruling against it, or refusing to enforce or obey it.  When states nullify a federal law, it’s often called “interposition,” but that’s just fancy talk.

Among the few who understand their meaning, the words “nullification” and “interposition” have somehow acquired a simultaneously religious, conspiratorial and rebellious meaning.  That is weird, because nullification and interposition happen every day, everywhere in the USA.

If you look up the terms on a legal site or Wikipedia, you will likely read that the practice has never been upheld in court. But that’s bunk-in-action.

Practically all legislation, Executive Orders, bureaucratic rules; practically every high court case and government action at every level nullifies some part of our constitutions, our laws and culture.  Courts nullify legislation all the time…it actually is part of their job.  And it’s absolutely the job of Executives (Governors, the POTUS) to nullify, by denying execution, of unconstitutional laws, agencies, expenditures and actions.

Sometimes the nullification is subtle and by parts; such as laws restricting the right to weapons, or nationalizing our state militias, which increasingly nullify the Second Amendment and our whole constitutional and social design for peace, sane foreign policy, and self-defense.

Sometimes it’s overt; such as when President Obama and the DOJ nullified the Defense Of Marriage Act in 2011; or when Obama essentially nullified the 2006 Secure Fence Act (I’m not saying it was wrong to do so in either case).  Or when the FCC started regulating the internet in violation of a federal court order (that was wrong). …Or when Kim Davis attempted to nullify both a Judge’s and Governor’s nullification of an Amendent of the Kentucky Constitution which nullified the federal constitution (that was a lot of nullification, and I am saying that Davis was wrong to do it).

Sometimes the nullification is from ignorance.  Who’s read the state constitution, for instance…so how would anybody know when politicians violate it?

Sometimes it is by brute force when a cop or soldier nullifies rights literally to death.

Rarely, some smart-Alec citizen invokes a jury’s right to nullify bad laws or bad application of law.  (Juries have tremendous power; though judges never tell jurors that anymore).

However you look at it, and from every level of government, from the citizen on up, nullification happens every single day.

Every Single Day.BWLadyLib

Let that sink in a minute.

 

Every day.

It happens.

All the time.

Everywhere.

Up to now, there’s been a direction to that nullification.

To make governments, bureaucracies, corporations and programs bigger, costlier, more heavily armed and aggressive, more intrusive, more secretive and even more corrupt (though that last part is getting very hard to do), constitutions at both state and federal levels, had to be nullified.

Not all nullification has been bad.  Courts have nullified what used to be the “settled law” of past generations in some good ways.  Slavery exists now mostly in other countries, and the Jim Crow laws are gone, thank God.  But the power the federal government gobbled up in the meantime has been used to heap entirely different evils upon us, such that now, our trans-generational debt/theft machines and their incessant wars are about to cause us horrible grief.

My vote is mine.  I won’t waste it anymore on the status quo mess.  I mean to use my power of peaceful revolution as intended.

So here’s all that I will vote for:

1. A federal 10th Amendment / Indiana Article I Section 25 view of our constitutions.

2. Nullification of everything else from politics!

In other words, I want government to do exactly and only what it’s supposed to do, and otherwise leave us and everybody else alone.  I want politicians out of our lives and wallets and rights as much as humanly possible.  I want a lot LESS from politicians, in summary.

And I won’t vote for any less than that.

 

*Well…OK, the candidate can’t be a Democrat/Republican, but that’s a different story...

 

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3 CommentsLeave a comment

  1. Citizens best bet for a constitutional government is to not reelect any incumbent Lawmaker, particularly 435 Lawmakers of the House in Congress every two years.

  2. I’m certainly all for firing the bums…

  3. […] prosperity and of course, freedom, we’ll enjoy. So I suggest that instead of more laws, we nullify our way out of this corrupt and complex tangle we’ve made of our nation, and try, at long last, what our wisest founders […]


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