How is nullification used today?
According to a recent article at Breitbart.com, Time for the States to Declare Independence From the Federal Government, people are fed up with SCOTUS and are advocating for states to nullify recent decisions by ignoring them.
A new Rasmussen Poll indicates that a growing number of Americans want state governments to tell the Supreme Court to get out of the business of rewriting laws and telling American citizens how to live their lives.
. . .
The concept of popular resistance to the unconstitutional encroachment of the federal government on the rights of individuals and states has been gaining momentum over the past several years.
Conservative radio host Mark Levin, for instance, has advocated on behalf of an Article V Convention of the States to propose new amendments to the Constitution for ratification by the states that would limit federal powers.
Conservative author and intellectual leader Charles Murray has also advocated for a type of civil disobedience to resist unlawful federal regulations through the use of well funded legal challenges to the most egregious of those regulations.
Both concepts have merit, but ultimately lack the power and effective counter-attack available through the simple mechanism offered by the 10th amendment—widespread resistance to federal overreaches by the state governments themselves.
Bolder, constitutionally based resistance at the state level, is a practical and viable remedy, one that already has broad popular support among conservatives. (emphasis mine)
~ ~ ~ ~ ~ ~ ~ ~ ~
This Sheriff Has Had It With Federal Overreach and Does Something About It
CBS Sacramento reports:
Sheriff John D'Agostini is taking the unusual step of pulling the police powers from the federal agency [U. S. forest Service] because he says he has received "numerous, numerous complaints."
In a letter obtained by CBS13, the sheriff informs the federal agency that its officers will no longer be able to enforce California state law anywhere in his county.
"I take the service that we provide to the citizens of El Dorado County and the visitors to El Dorado County very seriously, and the style and manner of service we provide," D'Agostini said. "The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard."
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
When we looked at Publius Huldah’s article titled Nullification: The Original right of Self-Defense, we read about some examples of nullification. I’ll quote that section:
“The Declaration of Independence says at the 7th para that the colonials “opposed with manly firmness” the King’s “invasions on the rights of the people”.
We need today that same manly opposition to tyranny. And we are starting to see some: The Tenth Amendment Center says over 200 bills have been filed this year in State Legislatures to nullify unconstitutional acts of the federal government. E.g.:
Disarming the American People: If Congress by law, or the President by executive order, or the BATF by rule, or the supreme Court by opinion, or the federal government by UN Treaty, orders The People to turn in our arms, We must refuse to comply. The Constitution doesn’t authorize the federal government to disarm us. Gun control is not on the list! And the 2nd Amendment didn’t stop them from regulating ammunition, firearms, and firearms dealers.
Accordingly, States should pass laws directing their firearms and ammo dealers to ignore all federal dictates which pretend to restrict arms, firearms, ammo, and sales of same. The Law should also provide that the State Attorney General will defend any Citizen of the State from unlawful acts committed against him by agents of the federal government attempting to enforce unconstitutional federal dictates within the borders of the State.
Prayer in the Public Schools: When, in 1962, the US supreme Court began its war against Christianity by banning prayers in the public schools, State legislatures should have passed laws directing their public schools to ignore the unconstitutional opinion of the supreme Court. “Religion”, “prayers”, and “public schools” are not on the list of delegated powers. And the 1st Amendment didn’t stop them from “prohibiting the free exercise of religion”.”
And, what does Publius Huldah think about the most recent Supreme Court decisions? Same sex marriage is now “the law of the land”? NOT SO!
"Supreme court opinions are not “law” — they are OPINIONS on the cases [rightly or wrongly] before the Court. The ONLY ONLY ONLY federal law in this land is: The Constitution, Laws made by Congress which are permitted by the Constitution, and Treaties made by the President and the Senate which are permitted by the Constitution."
~ ~ ~ ~ ~ ~ ~ ~ ~
Here are some more examples of nullification. Note that I intend to list more activity that is happening across the country when I have time.
Here are some more examples. Note that I intend to list more activity that is happening across the country when I have time.
e.g. Radioactive waste disposal in New York in 1992
Sweet Liberty
"This was what happened with New York v. United States, 112 S. Ct. 2408 (1992). The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. New York pleaded they were exempt from the mandate under the Tenth Amendment and the court affirmed the Tenth Amendment protection."
Wikipedia
"Two parts of the Low-Level Radioactive Waste Policy Amendments Act of 1985 were determined to be constitutional but the “third incentive, requiring states to ‘take title’ and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment.”
e.g. Western land use rights
e.g. Limiting gun rights
Gun owners are actively, obstinately resisting STATE gun-control laws in Connecticut, New York, Oregon and Washington
"Speaking truth to power." Mike Vanderbough’s Speech to the We Will Not Comply Rally, Salem OR, 30 May 2015.
“And do you want to know how truly divorced from reality these collectivist tyrants are? I have here in my hand an official document that was required of the legislature before they passed this hateful bit of tyranny. It is entitled, “Fiscal Impact of Proposed Legislation Measure: SB 941–A REVISED”
This is my favorite part. These bureaucratic pukes estimate that they’re going to make 400 grand a year off you sheep who volunteer to be shorn of your traditional rights. In fact they expect to make a tidy profit off of each and every one of you who comply. But here’s where they’re really smoking’ it like a Colorado doper:
The Criminal Justice Commission estimates that this measure MAY result in an additional 5-10 felony convictions per year.
“Five to ten?” FIVE TO TEN?!? I think I’m looking out at quite a few more than five to ten right here, right now. Who do they think they’re kidding? Themselves? Seriously, this purports to be a sober analysis of the cost of this Intolerable Act.
Well, let me speak truth to power one more time by asking the tax paid morons who crafted this hallucination -- WHAT DO YOU THINK THE “FISCAL IMPACT” OF CIVIL WAR IS?!? Because when you send the raid parties to the doors of our homes, when you begin killing those of us who resist your raw appetite for power, that’s what you’re going to get -- civil war. And if it comes to our doors, what makes them think it won’t come to theirs?”
Mike Vanderbough posted a link to this PDF of official legal documents in a New York gun case and commented Wednesday, June 24, 2015
“My apologies to the armed civil disobedience resisters of the state of New York. I've been saying that their noncompliance with the SAFE Act is 90%. Turns out it's more like NINETY FIVE PERCENT!”
e.g. Healthy food choices
Do we simply conclude—as the Jackson Press does—that sometimes we NEED the government to make food choices for us?
“But the Nanny State rarely rises without cause, and rarely grows spontaneously. The rejection of personal responsibility leaves a vacuum that can be, and is, filled with bureaucrats pushing paper and red tape.
If you can’t sometimes choose to say “no” to the donuts, the government will just remove the choice.”
Is this kind of thinking acceptable to a country of “rugged individualists”? REALLY?!
e.g. Same sex “marriage”
This issue is also discussed in the section on Interposition.
Publius Huldah, SEARCHING FOR "MARRIAGE" IN THE FOURTEENTH AMENDMENT
A new Rasmussen Poll indicates that a growing number of Americans want state governments to tell the Supreme Court to get out of the business of rewriting laws and telling American citizens how to live their lives.
. . .
The concept of popular resistance to the unconstitutional encroachment of the federal government on the rights of individuals and states has been gaining momentum over the past several years.
Conservative radio host Mark Levin, for instance, has advocated on behalf of an Article V Convention of the States to propose new amendments to the Constitution for ratification by the states that would limit federal powers.
Conservative author and intellectual leader Charles Murray has also advocated for a type of civil disobedience to resist unlawful federal regulations through the use of well funded legal challenges to the most egregious of those regulations.
Both concepts have merit, but ultimately lack the power and effective counter-attack available through the simple mechanism offered by the 10th amendment—widespread resistance to federal overreaches by the state governments themselves.
Bolder, constitutionally based resistance at the state level, is a practical and viable remedy, one that already has broad popular support among conservatives. (emphasis mine)
~ ~ ~ ~ ~ ~ ~ ~ ~
This Sheriff Has Had It With Federal Overreach and Does Something About It
CBS Sacramento reports:
Sheriff John D'Agostini is taking the unusual step of pulling the police powers from the federal agency [U. S. forest Service] because he says he has received "numerous, numerous complaints."
In a letter obtained by CBS13, the sheriff informs the federal agency that its officers will no longer be able to enforce California state law anywhere in his county.
"I take the service that we provide to the citizens of El Dorado County and the visitors to El Dorado County very seriously, and the style and manner of service we provide," D'Agostini said. "The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard."
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
When we looked at Publius Huldah’s article titled Nullification: The Original right of Self-Defense, we read about some examples of nullification. I’ll quote that section:
“The Declaration of Independence says at the 7th para that the colonials “opposed with manly firmness” the King’s “invasions on the rights of the people”.
We need today that same manly opposition to tyranny. And we are starting to see some: The Tenth Amendment Center says over 200 bills have been filed this year in State Legislatures to nullify unconstitutional acts of the federal government. E.g.:
- To allow terminally ill people access to experimental drugs & medical treatments despite FDA rules – drugs & medical treatments are not on the list! And the 10th Amendment didn’t stop them from usurping powers in this area.
- Deny resources and assistance to the National Security Agency – spying on us is not on the list! And the 4th Amendment didn’t stop them from spying on us!
- Nullify federal bans on growing hemp & marijuana. Agriculture and drugs are not on the list! And the 10th Amendment didn’t stop them from usurping powers in this area.
Disarming the American People: If Congress by law, or the President by executive order, or the BATF by rule, or the supreme Court by opinion, or the federal government by UN Treaty, orders The People to turn in our arms, We must refuse to comply. The Constitution doesn’t authorize the federal government to disarm us. Gun control is not on the list! And the 2nd Amendment didn’t stop them from regulating ammunition, firearms, and firearms dealers.
Accordingly, States should pass laws directing their firearms and ammo dealers to ignore all federal dictates which pretend to restrict arms, firearms, ammo, and sales of same. The Law should also provide that the State Attorney General will defend any Citizen of the State from unlawful acts committed against him by agents of the federal government attempting to enforce unconstitutional federal dictates within the borders of the State.
Prayer in the Public Schools: When, in 1962, the US supreme Court began its war against Christianity by banning prayers in the public schools, State legislatures should have passed laws directing their public schools to ignore the unconstitutional opinion of the supreme Court. “Religion”, “prayers”, and “public schools” are not on the list of delegated powers. And the 1st Amendment didn’t stop them from “prohibiting the free exercise of religion”.”
And, what does Publius Huldah think about the most recent Supreme Court decisions? Same sex marriage is now “the law of the land”? NOT SO!
"Supreme court opinions are not “law” — they are OPINIONS on the cases [rightly or wrongly] before the Court. The ONLY ONLY ONLY federal law in this land is: The Constitution, Laws made by Congress which are permitted by the Constitution, and Treaties made by the President and the Senate which are permitted by the Constitution."
~ ~ ~ ~ ~ ~ ~ ~ ~
Here are some more examples of nullification. Note that I intend to list more activity that is happening across the country when I have time.
Here are some more examples. Note that I intend to list more activity that is happening across the country when I have time.
e.g. Radioactive waste disposal in New York in 1992
Sweet Liberty
"This was what happened with New York v. United States, 112 S. Ct. 2408 (1992). The federal government was attempting to mandate that the State of New York accept radioactive waste for disposal. New York pleaded they were exempt from the mandate under the Tenth Amendment and the court affirmed the Tenth Amendment protection."
Wikipedia
"Two parts of the Low-Level Radioactive Waste Policy Amendments Act of 1985 were determined to be constitutional but the “third incentive, requiring states to ‘take title’ and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment.”
e.g. Western land use rights
e.g. Limiting gun rights
Gun owners are actively, obstinately resisting STATE gun-control laws in Connecticut, New York, Oregon and Washington
"Speaking truth to power." Mike Vanderbough’s Speech to the We Will Not Comply Rally, Salem OR, 30 May 2015.
“And do you want to know how truly divorced from reality these collectivist tyrants are? I have here in my hand an official document that was required of the legislature before they passed this hateful bit of tyranny. It is entitled, “Fiscal Impact of Proposed Legislation Measure: SB 941–A REVISED”
This is my favorite part. These bureaucratic pukes estimate that they’re going to make 400 grand a year off you sheep who volunteer to be shorn of your traditional rights. In fact they expect to make a tidy profit off of each and every one of you who comply. But here’s where they’re really smoking’ it like a Colorado doper:
The Criminal Justice Commission estimates that this measure MAY result in an additional 5-10 felony convictions per year.
“Five to ten?” FIVE TO TEN?!? I think I’m looking out at quite a few more than five to ten right here, right now. Who do they think they’re kidding? Themselves? Seriously, this purports to be a sober analysis of the cost of this Intolerable Act.
Well, let me speak truth to power one more time by asking the tax paid morons who crafted this hallucination -- WHAT DO YOU THINK THE “FISCAL IMPACT” OF CIVIL WAR IS?!? Because when you send the raid parties to the doors of our homes, when you begin killing those of us who resist your raw appetite for power, that’s what you’re going to get -- civil war. And if it comes to our doors, what makes them think it won’t come to theirs?”
Mike Vanderbough posted a link to this PDF of official legal documents in a New York gun case and commented Wednesday, June 24, 2015
“My apologies to the armed civil disobedience resisters of the state of New York. I've been saying that their noncompliance with the SAFE Act is 90%. Turns out it's more like NINETY FIVE PERCENT!”
e.g. Healthy food choices
Do we simply conclude—as the Jackson Press does—that sometimes we NEED the government to make food choices for us?
“But the Nanny State rarely rises without cause, and rarely grows spontaneously. The rejection of personal responsibility leaves a vacuum that can be, and is, filled with bureaucrats pushing paper and red tape.
If you can’t sometimes choose to say “no” to the donuts, the government will just remove the choice.”
Is this kind of thinking acceptable to a country of “rugged individualists”? REALLY?!
e.g. Same sex “marriage”
This issue is also discussed in the section on Interposition.
Publius Huldah, SEARCHING FOR "MARRIAGE" IN THE FOURTEENTH AMENDMENT