Heritage Gets it Wrong: Nullification is NOT Unconstitutional

cross-posted from the North Carolina Tenth Amendment Center

I beg to differ with Heritage Foundation’s David Azerrad’s article New Year’s Resolutions for Conservatives in The Foundry where he states that … “Nullification is blatantly unconstitutional. As James Madison pointed out in 1798, 1800 and again during the Nullification Crisis of 1832, individual states do not have the power to unilaterally declare federal legislation unconstitutional.”

As Thomas E. Woods, Jr. pointed out in his book Nullification and his previous rebuttal Nullification: Answering the Objections article: “If the federal government has the exclusive right to judge the extent of its own powers, warned James Madison and Thomas Jefferson in 1798 on government powers, it will continue to grow – regardless of elections, the separation of powers, and other much-touted limits on government power.”

The Virginia Resolutions of 1798 were drafted by James Madison and agreed to by the legislature of Virginia, James Madison referred to it as the “Duty” of the state to interpose between and federal government and the citizens of the state.

“and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”- James Madison, Virginia Resolutions, 1798

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Will Counties and Towns Nullify the NDAA?

Fremont, El Paso Counties in Colorado May Be Followed By Many More

Some people argue that principles of state sovereignty would be a pointless strategy in their state.  They argue that their statehouse is even more corrupt than the Feds and in some cases, they may have a point.

Fortunately there is much that can be done at the county level.  Sources are telling Tenth Amendment Center that there are a high number of counties in Colorado alone that are ready to turn back the NDAA.

What do you do when the Feds decide that they’re allowed to kidnap people?  Do you wait until you’ve made the ‘correct’ voting choices or do you do what Jefferson would have high-fived you for and tell the DC bureaucrats who seek to dominate we, the people, “NO!”.  “No, you may not enter this county and kidnap citizens of this county.”

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Vermont vs the Feds: Blocking a State from Environmental Decisions

Recently a federal judge blocked Vermont from decommissioning the leaky Yankee nuclear reactor that is almost identical to Fukushima Reactor #1 (75% of US reactors are leaking radioactive material), using the excuse that only the corrupt federal Nuclear Regulatory Commission (NRC) can decommission a reactor.

WRONG!

Under the Tenth Amendment States’ Rights, states can do anything they want as long as it is not a power that is:

•  delegated to the federal government in the Constitution
•  prohibited to the states by the Constitution
•  prohibited to the state by its own constitution

The Constitution lacks provisions forcing a state to risk its citizens’ lives in order to boost nuclear industry profits.

Constitutional Remedies

Vermont has a law that gives the state veto power over a reactor when its license from the Nuclear Regulatory Commission (NRC) is expired.  The judge in the Yankee case unconstitutionally invalidated the state law, and the NRC granted the Yankee plant a 20-year extension.  An appeal of the ruling would require a lot of time and effort.

A quick and simple option for Vermont would be to collect evidence proving leakage that endangers health or property in order to declare a State of Emergency that would put control over Yankee operations in the hands of the state.  It is unlikely that Vermont could decommission the reactor, but they could close it down until the necessary repairs were completed.  If the repairs were cost prohibitive, the effect would be to shut it down.

Vermont Governor Peter Shumlin’s War on Climate

Because the Yankee nuclear plant provides 70% of Vermont’s energy, a replacement energy source is required if Yankee were to close.  Governor Shumlin favors green renewable energy that is insufficient, unreliable and very costly.  Shumlin’s energy plan is centered on the pipe dream of renewables providing 90% of electricity needs by 2050.  Coal is discounted in his fairy tale paradigm.

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