Why Nullification?

How does a nation of sovereign people who believe in the fundamental principles of liberty, create a government that will not infringe on the natural rights of the creators of such a government?

Let me take you on a brief history lesson to explain.

This federal system of government we created came on the heels of a revolutionary war with Britain.  The framers of the constitution and the founding fathers through tedious debate, took great care to craft a constitution that would guard against the infringement of personal liberty by their government.

According to the Declaration of Independence, men establish governments to secure their pre-existing natural rights. Where there is no government, rights are easily threatened by others, since the coercive power of the state does not function as a deterrent. The purpose of government is, therefore, to create the conditions that allow each individual to freely exercise his rights. At the collective level, this amounts to what the Declaration of Independence calls the “safety and happiness” of the people. Legitimate government must not only secure rights but also arise out of the consent of the governed.

The consent of the governed is the standard by which a government’s legitimacy is judged.

“Governments are instituted among Men…deriving their just powers from the consent of the governed.”

Since all men are created equal, no individual or group has an inherent right to rule over anyone else. The only way anyone can have the authority to govern his equals is if they consent to his rule. A government not based on consent would unjustly deprive its citizens of the fundamental right to liberty.

The framers understood this to be the most important task of the government they set forth to create.

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No Budget, No Freedom

There are rallying cries from the American revolutionary period which are still axiomatic in American Society. One was apparently coined by Jonathan Mayhew in a 1750 sermon, “Discourse Concerning Unlimited Submission and Non-resistance to the Higher Powers“. It is, “No taxation without representation.” Similarly, James Otis is often credited with the phrase, “Taxation without representation is tyranny.” It is claimed that Otis used this phrase in his legal argument against the Writs of Assistance.

These phrases are unquestionably correct in a free society, but what is it that makes them true? What are the characteristics of taxation without representation that make it tyrannical — and how do these principles apply to today’s American society?

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How Roosevelt Corrupted The Supreme Court

The Federalist Papers were written to explain the Constitution to the American people.

Federalist No. 10, by James Madison, is perhaps the best known. It explains that a major purpose of our U.S. Constitution was to control the special interest groups, or factions.

He wrote, that there were two methods of controlling factions:

One way would be to remove the causes of faction. He pointed out that,”the latent causes of faction are thus sown in the nature of man.” We all have our different opinions of how things should be done and we cannot change this inherent nature. It could be done by government force that suppresses dissenting opinions but this would destroy liberty. Madison concluded that controlling the cause of faction was not the way to go.

The other way would be to control the effects of faction.   This was done by limiting the power of the federal government through the constitution.  Then, “The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States”

Once one accepts this principle, things begin to fall into place. Of course this means that we must fight for our various causes at the state level, not the national level. Today, most people in the United States have abandoned this idea.

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