Talk to Your Kids about Nullification

(Dedicated to Gabby)

A couple weeks ago, I was texting with my daughter, getting caught up on what was going on in our lives, when she mentioned being on grand jury duty.  The discussion inevitably, with a Tenther for a Dad, went to jury nullification.  I felt like a failure as a parent when she told me that she was not familiar with the concept.  It was then that I knew I had to work hard to make up for lost time.

There are many things that are important to discuss with your kids if you are a parent.  Some of them are things that, if you don’t talk to them, I can guarantee someone else will, such as drugs.  I have to confess, I tried to find a link to an old PSA from when I was a teen, but had no luck.  Other things, if you don’t talk to your kids, there’s a good possibility no one will.  Ronald Reagan, in his farewell address spoke of a new patriotism, and urged the youth of America:

All great change in America begins at the dinner table. So, tomorrow night in the kitchen I hope the talking begins. And children, if your parents haven’t been teaching you what it means to be an American, let ‘em know and nail ‘em on it. That would be a very American thing to do.

Jury nullification fits into that latter category.  Better late than never, I explained how the jury has the right not only to decide based on the facts of the case, but based on the law itself and whether or not that law is just and/or constitutional.  I then proceeded to share with her some of the history of jury nullification, from William Penn’s trial in 17th Century England to the NJ Weedman case last year.  As I explained the cases, I was told that was, “interesting.”  I replied, “And empowering as well.”

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Idaho: Take Action to Nullify Federal Gun Control

Early this year, Idaho lawmakers introduced the Second Amendment Preservation Act (HB219) in the House. It passed overwhelmingly with a vote of 55-13, but the measure stalled in the Senate in March.

This was not a loss. It was first step on the path to victory! What we need to push things further in Boise next session is a strong grassroots organization behind the bill well in advance.

In order to take this to the next level and get a victory, your action is needed right now.  Starting today, and all the way through the rest of the year, local governments around the state need to be pressed to take action – passing legislation in support of the right to keep and bear arms and refusing to cooperate with the feds locally.  And at the same time, calling on the state legislature to do the same.  When the state is blanketed with local communities willing to nullify violations of the Second Amendment, the state legislature will be on notice.  Do your job, or else.

It’s going to take work to ensure that this is how things play out.  Here’s what you can start doing right now.

1.  Contact your local legislators – County, City, Town - and urge them to introduce an ordinance in support of the Second Amendment.

local ordinance here: http://tenthamendmentcenter.com/legislation/2nd-amendment-preservation-act/

2.  Become a local leader.   If you’re dedicated to the right and keep and bear arms

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ThinkProgress Getting on the N-Train?

Leftists often attack nullification.

Sometimes, it seems that MSNBC makes a living at it. However, there is some hope that many who lean left are actually starting to embrace the concept, although still loath to use the word. For example, the ACLU has created a toolkit for local and state resolutions against the NDAA.

So, could that venerable far-left organization known as ThinkProgress ever climb aboard the nullification train? Not likely, eh?

BUT WAIT!

In their article, Berkley to Federal Prosecutors: Don’t Mess With Our Medical Marijuana Program, they reported positively on Berkley’s attempts to stop the feds from future seizures of property belonging to the cities’ medical marijuana dispensaries.

“The city is arguing that the federal government is improperly interfering with the city’s own financial and regulatory interests, as well as its residents’ medical interests.”

The article also lists Oakland as another California city taking similar measures. Of course, they don’t use the “n” word: nullification.

Some of the comments left by readers of ThinkProgress add an interesting railroad spike to this story – hardly a crowd that can be called ultra right-winged nutjobs.

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Judicial Fallacies That Promote Tyranny

Three fallacies articulated by Chief Justice Charles Evans Hughes in his article The Court and Constitutional Interpretation, and promoted by the judges, lawyers and others who desire a national government with unlimited powers at the expense of the states and the people are quoted below.

I’ll address each judicial fallacy in turn starting with -

Independent

“The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between society’s need for order and the individual’s right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government.” (Emphasis added)

Judicial independence implies freedom from interference or control by either the legislative or the executive branch of the federal government. However, nothing could be further that the truth – constitutionally if not in reality. The powers of the Supreme Court and the lesser courts may be enumerated in the Constitution, but makeup, number and members are determined by the legislative branch with nominations coming from the executive.

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