Nullification – It already happens, all the time

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.

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.

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.
NullifyAndyI’ll explain.

“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 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 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).

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…

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:

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.

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Ma Hastim

I think that most of us, if we were to think about it and put it to words, would define “maturity” as a degree and kind of self-control, self-sufficiency, self-denial and self-sacrifice that just doesn’t exist among the immature.

Mature people don’t demand much from others, and rather contribute to their loved ones, their employers, and their world.  The most admirably mature people, no matter their status or circumstance, give more than they take.

Truly mature people not only do not need the involuntary-collectivist, nannied authoritarianism that now, unfortunately, exists everywhere on earth, but they also suffer in such a violent climate.

Mature people, I submit, do not exist in sufficient numbers to keep this nation alive.  We have devolved into a nation of prattling, squabbling, violent and ignorant children, and we are thereby almost surely doomed.  We’re blubbering, misbehaving, thoughtless, selfish children, practically begging for a good spanking, and we’re going to get it.

Have a nice day.

Oh, I dunno.  I suppose there is hope.  Immature people can grow up quickly after a good, hard, painful lesson.  And while you’d think we’ve had ample opportunity to wake up and smell pleurosis, we ain’t seen nothin’ yet.  We are about to get a real whuppin’.  …And from the worst sort of people.

It’s long been known that while the most stupid, inept criminals act alone, get caught and pay for their crimes, there exists a hierarchical law that determines what happens as a criminal learns his craft.

The somewhat better criminals form alliances and layers to both increase their takings, and shield themselves from getting caught.  Still more astute criminals organize into larger quasi government arrangements like the Mafia, Yakuza, Tong, Thugee and Medain.

I’m sure you can see where I’m heading with this.

Yes, the craftiest of the crafty crooks become politicians.  The worst crimes ever, like oppression, slavery, genocide and war, could only be perpetrated by the organized crime we call politics.

But let me be clear about something crucial.  By “politician,” I do not mean the people who win elections and get their affairs of state made gossip in daily papers.  You probably don’t know who’s really running the show here.  In all my years of examining politics from various and increasingly depressing angles, I believe I have met only one of the men who dwells (I did not say “lives” because the man is too evil to call living) behind the curtain.  And I’m sure he’s only a minor minion in our ever-ancient New World Order.

This corruption/theft/gambling/banking system, is, as Jefferson warned, worse than standing armies.  It’s taking us down hard very soon.  Maybe even as far as our oppression, slavery, genocide and war human default state will go.

I’ve tried to think of various schemes around this, and I’m not done trying.  My hope is fading, but it’s still there insomuch as I cannot let it die as long as I’m sending my children into my generation’s failures.

So, here’s my latest proposal:

I propose somebody (not me!) run for President of Texas.

Not Governor of Texas, not President of the USA…President of Texas.

I propose that the platform not be the amended-to-pointlessness Texas Constitution, but the Constitution for the United States of America.

The Texas Constitution provides all the grounds necessary.  Nullification and secession are the stated remedies for federal constitutional breach.  Yet the current Texas member-state Constitution becomes irrelevant in the event of this remedy.  So let’s bypass all the “constitutional convention” rot now circulating among the red herring patriots, since there are precious few in public office smart and/or wholesome enough to craft a sane constitution these days – and just use what’s proven to work better than anything else ever tried – the contract made by adults, for adults…the US Constitution.  This is still the shortest, tightest, best leash on governing power yet devised.

I believe that there are still a sufficient number of adults here that we can get this ball rolling.  We exist.  We need only a little chutzpa.

Let’s replace pride with humility and learn our lessons before the spanking.  Let’s grow past the child and into maturity to our mutual benefit.  Let’s grow up, OK?

Oh, just quit it.

This isn’t a blog.  It is just a quick note; so I’m not going back on my promise not to blog anymore:

Presidents do not “age” any more than anybody else does.  In fact it’s typically the opposite to the degree that wealth and power make for better healthcare.

Since GWB started leading us over the precipice, I’ve aged a whole lot more than he has.  Everybody I know has aged at least 8 years in the last 8 years, and GWB looks just fine.

He’s a little more gray; I’m a lot more gray.

So quit feeling sorry about the stress and pressure of presidency.  You should worry more about your neighbor.

Published in: on January 8, 2008 at 6:09 pm  Comments (2)  
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If you were hiring a burger-flipper…

Some people who know that I support the Fair Tax have wondered why I’m not a fan of Mike Huckabee.  Other people, who’ve heard me go on about our wide-open borders wonder why I’m not waving a flag for Tom Tancredo.

Well, I also like the idea of UFOs sending rose-scented messages to politicians, but I just can’t rally for Dennis Kucinich.  And while I’m strongly in favor of laissez-faire individual liberties, and while Rudy does look better in drag than he does in a suit, I really can’t vote for him.

Am I picky?  Yes; but no more picky than you or anybody else …in any area other than in politics. 

Let me explain.

If you were to hire a chef, you’d want to know that he or she can cook, right?  You’d check the resume, reviews of previous restaurants, and you’d call interviews to look him or her straight in the eye and assess for yourself whether this person will be a credit or discredit to your organization.  If you were to hire a race car driver, you’d want to know all about previous results, sponsorships, injuries, ability to assess and set up a car…and whether this person will look good and present well in the team jacket.

No matter the job, you want to know that the person you’re hiring isn’t an embarrassing flake or a cagey swindler.  You want to know that the person is respected, truthful, scrupulous and disciplined enough to show up and Do The Job.

I’m no different.  I’m looking for a candidate for the constitutional office of President of the United States of America who will do the job he (or she) is supposed to do.

Sadly, there’s currently only one of those.  Happily, after a very long time without even one, there is oneDr. Ron Paul.

How can I so boldly state that there’s only one?

Well, what’s the job of the President of the United States of America?  What does Article II, Section I of the constitution say the president must swear an oath to do?

I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

So it’s simple then.  None of the candidates (excepting perhaps Hillary) has been president before, but which candidate has already proven invariably determined to preserve, protect and defend the Constitution of the United States? 

If you were to actually read the Constitution and Bill of Rights (yeah, I know; who’s got the hour or so necessary to properly read all that old stuff), then look up the career voting records, issues and even current presidential candidacy rhetoric, you’d see for yourself that only one candidate has any interest in obeying written laws as written.  Only one candidate would honor the Oath of Office.

Really.  Just one.  The other candidates are running for some other office.

I wish there were more to choose from.  But one is better than none; and now is definitely better than never.