The following is a short excerpt from Our Last Hope: Rediscovering the Lost Path to Liberty
“If the deliberate exercise of dangerous powers, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself, as well as to provide for the safety of the parties to it, there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all state constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” – James Madison
St. George Tucker wrote the first extended, systematic commentary on the Constitution. Published in 1803, View of the Constitution of the United States served as an important law book for the next 50 years. Tucker explained the nature of the government formed by the Constitution
“The government thus established may be pronounced to be a confederal republic, composed of several independent and sovereign democratic states, united for their common defense, and security against foreign nations, and for the purpose of harmony, and mutual intercourse between each other; each state retaining an entire liberty of exercising, as it thinks proper, all those parts of its sovereignty, which are not mentioned in the Constitution, or act of union, as parts that ought to be exercised in common.”
The framers intended the states to serve as a check on federal power, and it logically follows that states should possess some mechanism to step in when Congress, the president or some ABC bureaucratic agency wields power it doesn’t rightly possess. Nullification provides the means to that end.
Just say, “No.”
We don’t advocate nullification simply because Jefferson and Madison did. We advocate nullification because it stands as the rightful remedy when the federal government overreaches. It is not an act of extremism, nor an act of rebellion. And it certainly isn’t unconstitutional.
From elementary school, most Americans learn that Washington D.C. serves as the seat of power. All things flow down from the federal government. The Constitution contains a supremacy clause, doesn’t it?
And therein lies the problem.
Most Americans balk at the idea of states saying, “No,” to Fedzilla because they don’t really understand who’s in charge.