Nullification: A State’s Right

first amendment47258 Nullification: A States Right

What exactly is nullification? We generally hear the term when a jury decides to nullify a criminal prosecution by acquitting an obviously guilty defendant. Most prominently the O.J. Simpson verdict probably typifies the term. Nullification is now a growing topic in states moving forward legislation for the purpose of nullifying Federal Law and the overreach of Federal Government.

Being the gun packing, Bible clinging extremist that I am, I attended a Day of Resistance Rally to see what it was all about. It was 23 degrees outside with a steady 20mph wind from the northeast, which made for a chilly rally. Snowberms pushed up around the edges of the parking lot provided little protection from the bitter wind, but still, somewhere between 150 and 223 people braved the cold and stood in solidarity for the right to keep and bear arms. The first speaker, the mayor of the town, spoke about nullification. He began by talking about how the states had essentially nullified the national ID law or the federal Real ID law by enacting their own laws. He went on to speak about current State legislation being considered and the principles of state’s rights and the overreach of the Federal Government.

My state representatives recently introduced a law intending to protect citizen’s Second Amendment rights from the Federal Government. The controversy surrounding the legislation (Alaska HB69) was whether State and local law enforcement can arrest and charge Federal agents for enforcing Federal law contrary to State law. Wow, what a mouthful. The liberal left claims that the law is unconstitutional because of the supremacy clause, while the sponsor says they are making a statement and they don’t really care what the federal government thinks.

At this point I wish I had been taught more about the Constitution in high school or was that the plan all along? Is the constitution so complex, and the framework and purpose of our Federal Government so unimportant, that it is not taught in school? Was I not paying attention? Taking the right classes? Why do I know so little about this? I felt liked someone just smacked me with a stupid stick.

While this topic isn’t new, many people do not really understand this concept of nullification. I certainly didn’t. So off to the internet I went and I found some really interesting stuff. First of all, the States individually came together and created the federal government through the Constitution, which was written to LIMIT the power of the Federal Government. Ok, that alone blew my mind. The other main principle that I came away with is that the Federal Government does not really have the power to do what they do. They have basically high jacked principles such as the Commerce Clause to regulate all sorts of things, including firearms.

So how are states nullifying Federal Law and which ones? Probably the best publicized in the non MSM is the NDAA, the National Defense Authorization Act that provides authority to the Federal Government to indefinitely detain U.S citizens and other unconstitutionalities. Then there is the Privacy Protection Act (anti drones), Obama Care (Oklahoma is doing this), Second Amendment Protection Act (a bunch of states surrounding Colorado are pushing this one), and other states are processing legislation to do a lot of things that is making the central planners unhappy.

The left wing central government politicians are calling all of this 10th Amendment State’s rights nullification talk “craziness”.  I found out that State nullification of Federal Government over reach has been happening for a while, since about 1798 in opposition to the Alien and Sedition Act and in the 1850’s to nullify the Fugitive Slave Act.

Who doesn’t remember the Carter years and the national 55 mph speed limits? For those of you under age 40, the Carter Administration imposed a 55 mph national speed limit and any state that did not comply, didn’t receive Federal highway money. States eventually said screw you to that, and now we have liberalized, locally controlled speed limits. Pure craziness it is, but just as the Feds tried to limit the speed at which we traveled, they are attempting to control every aspect of our lives. From education, property, self protection, and health care, it is all at risk. I kid you not, tyranny is upon us. We have but just one election cycle to correct the trend of this tyranny.

To read more about nullification check out my new BFF KrisAnne Hall’s article that inspired this one.

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  1. Huapakechi says:

    Put the law on trial alongside the defendant. If the law is faulty, eliminate it. In fact, if a law has not been prosecuted for half a decade or so, eliminate it.

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