Nullification Is Unconstitutional?

So says John Miller of the WaPo. Mr Miller bases this of course on the misplaced idea that the Supremacy Clause over-rides Article I, section 8 of the Constitution which granted Congress specificenumerated powers. Except people like Mr Miller most likely don’t understand the Supremacy Clause because if they did they would know that federal laws are only supreme if they are “made in pursuance thereof” the Constitution. In plain English, the law must fall within the confines of the Constitution to be supreme. Put another way, as Tom Woods asks in response to another anti-nullification article by Paul Zummo, “does the Supremacy Clause say, ‘This Constitution and laws of the United States which shall be made in pursuance thereof, along with any old laws we may choose to impose on you, shall be the supreme law of the land?’ That’s not what my copy has.”

The big government types truly believe that the several states gave up all their rights when they ratified the Constitution, completely disregarding the wealth of information from the Ratification Conventions along with the opinions of those both for and against the Constitution in the Federalist and the Anti-Federalist Papers.


Is DC “Seeing The Light” On States Rights?

This republic was founded as a compact by the several states to form a national government, but that notion has been forgotten for some time now as Leviathan has usurped power from the states at every turn, having shown a blatant disregard for the 10th Amendment.

But times they are a changing and we the people are waking up and realizing that we need to stand up and take back what is rightfully ours. To this end Professor Randy Barnett has proposed an amendment to the Constitution, the Repeal Amendment, whereby the states would be able to repeal any federal law if 2/3 of the states see fit.


Repeal Amendment: Giving Back The Power Back To The States

The politicians in DC have proven that they are no longer capable of governing in the best interests of the several states and have long used the courts to usurp powers granted to the states via the 10th Amendment by invoking the General Welfare clause, theCommerce clause and/or the Necessary and Proper clause.

The states have always had the power to rein in the federal government through an Article V Convention, otherwise known as an Amendments Convention, when “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States or by Conventions in three fourths thereof,”. While it is a very little used tactic, just the threat of one can be enough to nudge Congress into action, as was the case with the 17th Amendment and possibly the 21st, 22nd and 25th Amendments as well*.

Today we have the perfect storm forming with the strength of the Tea Party along with the overall awareness of the American people that the federal government has grown too large and does not operate in the best interest of them or the states.


Starving Leviathan: Federal Tax Escrow Accounts

The federal government relies on plunder, mainly in the form of income taxes, to feed it’s overreaching tentacles and this is perfectly Constitutional as set forth in Article I, Section 8, Clause 1 along with the Sixteenth Amendment. These do not however specify how these taxes are to be collected and currently the Internal Revenue Service is charged with this task.

But what if the states had the ability to take control of the purse strings and starve the beast back to it’s enumerated powers? We the people, through our state legislatures would have the ability to affirm what we believe the role and oversight of the federal government should be in our daily lives through a Federal Tax Escrow Account.