Yes, we have a duty to resist, but…

I’ve avoided commenting on the iconoclastic vandals/ rioters for at least three reasons.

  1. I’ve been hoping that there’d be some point to to their violence – or that at least there’d be some accord with the peaceful protesters’ righteous demand for reform. Given how bad our tribal information sources are these days, I was hoping that something favorable would emerge about their motives. …Other than burning Bibles and the usual socialist/communist self-delusions, of course.
  2. Quite opposite the manipulative canard we’re told about the efficacy of peaceful protest, there has always been, in any real social movement, a yin-yang duo of intellect and force, peaceful protest and violence.  For example, Mohandas Gandhi versus Rash Behari Bose, or Martin Luther King versus Huey Newton and Bobby Seale.  I am personally very anti-violence in my personality as well as political ideology and ethos.  But…change is necessary.  Our government is horrifically corrupt.
  3. Truth be told, I’m a bit of an iconoclast myself.

But as of now, the violence has only served to unfairly discredit and distract from the peaceful protesters’ goals.  Whether by design or stupidity is pretty much the same yield…the violent destruction has been absurdly, mindlessly destructive as well as counterproductive.

On the other hand I’m deeply conflicted.

I feel like a hypocrite promoting peaceful revolution by nullification, change of heart and mind, personal responsibility, civil disobedience, tribal law/ election reform and innumerable political campaigns, yet silently wishing for the other half I know is necessary for actual societal and cultural change.

I’m not aware of anybody saying it better than former slave Frederick Douglass.  Here’ just a few snippets of a speech we should all read in its entirety:

FDouglassThe general sentiment of mankind is that a man who will not fight for himself, when he has the means of doing so, is not worth being fought for by others, and this sentiment is just.  For a man who does not value freedom for himself will never value it for others, or put himself to any inconvenience to gain it for others.  Such a man, the world says, may lie down until he has sense enough to stand up.  It is useless and cruel to put a man on his legs, if the next moment his head is to be brought against a curbstone.

Who would be free, themselves must strike the blow.

The following puts a sharp point on today’s circumstances as contrasted with better-grounded movements:

I am aware that the insurrectionary movements of the slaves were held by many to be prejudicial to their cause.  This is said now of such movements at the South.  The answer is that abolition followed close on the heels of insurrection in the West Indies, and Virginia was never nearer emancipation than when General Turner kindled the fires of insurrection at Southampton.

…And my favorite, most-often cited part:

Power concedes nothing without a demand.  It never did and it never will.  Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both.  The limits of tyrants are prescribed by the endurance of those whom they oppress.

The rioters’ absence of such intellect, clarity and purpose reveals them to be self-immolating fools; either as tools at the whim of others, or as brutish embodiment of dysfunctional minds.

But I’d better be clear on something…it’s not only black people who should be concerned about our government.  Our culture is sick from the bottom-up as well as top-down.  Inequality under law hurts everybody, ultimately – even the people who’re now draining the lives of the lower castes for their benefit.

You can say whatever you want about our Founding Fathers and past generations’ American Dream – we never did anybody’s vision correctly.   But where we’re headed is disastrous by anybody’s ideology, or hopes for tomorrow.

My hopes, as always, are for a public epiphany that actually acts-out a better culture.  But as always, my hopes greatly exceed my expectations.
Sigh…

I’ll end with another excerpt of Douglass’s speech:

Those who profess to favor freedom and yet deprecate agitation are men who want crops without plowing up the ground; they want rain without thunder and lightning.  They want the ocean without the awful roar of its many waters.

Nullification – It already happens, all the time

“Nullification” as a legal doctrine, is very simply, invalidating a law by ignoring it, ruling against it, writing it out of existence, 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 too many who even 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. 

NullifyAndy

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, unconstitutional laws, agencies, expenditures and actions.

Sometimes the nullification is subtle and by parts; such as laws restricting or licensing 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).

Or when states decriminalize the use of a plant that never should’ve been criminalized by “federal” “law” (both words having by now lost all their original meaning).

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

Sometimes it is by brute force when a ‘roid-raging cop 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).

Our constitutions have been effectively nullified by the endless stream of political prohibitions and mandates, subsidies and taxes, regulations and corruption absolutely prohibited in the clear writing of our constitutions, both state and federal.

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 malevolent direction to that nullification…

In order 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”  (stare decisis) of past generations in some good ways.  Slavery exists now mostly in other countries, and our 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.  It is my weapon.  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:

I want two things from every level of politics, and every politician:

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

2. Nullification of everything else from from our lives.

I want our constitutions, state and federal, reinstated, by nullifying everything that violates them.  In other words, I want to go legit, and govern our government…as is the actual, written law.

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

But let’s take this one step further…  A big step further.

What are citizens supposed to do when the government oversteps its bounds and stomps on our rights?  Are our only weapons in the ballot box and ammo box?  Must we resort to courts that are more often than not the actual defenders of corruption and constitutional violations?

Claim our rights!  Resist!  Peacefully disobey!  In the streets, in our homes, in our businesses and in juries, we are to nullify!

Article I Section 19 of our Indiana Constitution even enumerates the right of juries to nullify laws: “In all criminal cases whatever, the jury shall have the right to determine the law and the facts.

In other words, we should, as individual citizens in the ordinary course of our lives as well as in official civic duties, nullify all laws, actions, agencies, taxes, fees, programs and agents that transgress their written authority.

After all, as Ben Franklin said, “Rebellion to Tyrants is Obedience to God!”

Rule of Law Reboot

What follows is a resolution that’d be a good first step to a better course for our nation.
If elected to congress, I’d introduce it immediately.
But don’t wait for me…please feel free to send this to your representatives in local, state or federal office.
PLEASE do this or something like it!
I’d of course prefer that this be passed as a Bill or Joint Resolution.  But even as a Concurrent or Simple Resolution, it’d open a discussion on what sort of nation we’re to be; a nation with governed government, or a great big crime syndicate:

Whereas the plain wording of the 10th Amendment to the Constitution for the United States of America is binding law;

Be it resolved that;

No federal law, agency, program or international treaty that depends upon authority not specifically granted by the Constitution for the United States of America shall be valid;

Any federal agency, law,  program or international treaty transcending authority specifically granted by the Constitution for the United States of America is null and void;

Unconstitutional laws, agencies, programs and treaties have created both problems and dependencies that will take time to rectify;

All unconstitutional federal powers, delegations, laws, programs, treaties and entities that cannot be immediately nullified must be phased out within no more than ten years.

 

cropped-youAn Indiana/local version of this could be (SOMEBODY PLEASE INTRODUCE THIS HERE IN INDIANA!):

Whereas the plain wording of the 10th Amendment to the Constitution for the United States of America, and Article I Section 25 of the Indiana Constitution is binding law;

Be it resolved that;

No federal or state law, agency, program or international treaty that depends upon authority not specifically granted by the Constitution for the United States of America  or the Constitution of the State of Indiana shall be valid;

Any federal or state agency, law,  program or international treaty transcending authority specifically granted by the Constitution for the United States of America is null and void;

Unconstitutional laws, agencies, programs and treaties have created both problems and dependencies that will take time to rectify;

All unconstitutional governing powers, delegations, laws, programs, treaties and entities that cannot be immediately nullified must be phased out within no more than ten years.

BattleofLongisland

Your vote’s not a poker chip; it’s weapon.

A Constitutional Convention Can Do …What?

Would a Constitutional Convention fix our constitutional problems?

The tiny percentage of us who’ve actually read any constitution, federal or state, know very well that all levels of our government operate in violation of these proven, fundamental, once-cherished and now-ignored laws.

So it’s no surprise that most of us sense a problem with the state of our union.  It’s similarly predictable that most of us misdiagnose the problem and then promote bad ideas as a cure.

But this problem of ungoverned government (a.k.a., anarchy) isn’t that our politicians are “out of touch.”  Far from it.  The problem is that our politicians represent us perfectly. 

We The People have completely violated “the supreme Law of the Land” at every level – federal, state, local and personal.  A constitutional convention now would only muddle matters with more laws written by lawbreakers in a society that has no respect for law. 

The real cure is to snap out of this madness, read the law and obey it as written:

The federal constitution’s tenth amendment decrees that “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.”  So whatever power isn’t specifically delegated in the constitution is completely denied. 

All state constitutions say something similar.  The Indiana constitution’s Article I, Section 25 says, “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”  In other words, not even legislation can create authority; only constitutions do that.

No constitution was ever amended to authorize most of what governments now do to citizens.

Even the Texas Constitution, the longest and worst (due to “runaway” amendments and usurpations some claim never happened and couldn’t happen in a new constitutional convention), obviates the need of any new laws in its Article I, Sec. 29: “To guard against transgressions of the high powers herein delegated, we declare that everything in this ‘Bill of Rights’ is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.” 

Nullification of anything unconstitutional is already law in every state of the union. 

Let us pray that we do this soon, before somebody invokes Article 10 of the New Hampshire constitution: “…whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”