In response to my one of my articles, “Hope for Financial Freedom,” I had a concerned American citizen correspond with me about the subject. He asked me a few questions which I feel are important enough to address publicly, because undoubtedly, there are many similar-thinking Americans who perhaps have not thought this fully through. Before I state the questions, let me explain why the questions were asked in the first place. As many American patriots are now advocating, the only viable way to resist federal tyranny is through the active sovereign powers of the States. This necessarily means, as I have explained for months, that the States must use the powers given to them by their sovereigns (the people)–and retained to them in the tenth amendment of the US Constitution–to pass laws which actively nullify, negate or refute unconstitutional federal laws and taxation within the sovereign borders of those States. Some people are looking at this scenario and asking what this gentleman asked me, as follows:

“[Do you advocate for the States to do this] even if this means defying federal law?–even if it means war? Why do you want to chart a path that leads to an outcome that you cannot win? For defiance of federal law and war are losing propositions.”

To these questions, I unashamedly respond as follows:

I ask to you, do you propose that we submit to unconstitutional usurpations by the federal government upon our God-given natural rights, state retained powers and constitutional-republic securities? Shortly put, that submission is slavery. Do you propose that we accept the form of government forced upon us in 2009 which the state ratifiers expressly rejected in 1787? That shocks the conscience (not to mention our forefathers’) as reprehensible and cowardice. The problem is, many of the states are scared of the federal government, even with the knowledge that the federal government is illegitimate, has usurped state powers and has no good will to comply with its limitations in the US Constitution and with the principles requisite to maintain a constitutional federal republic–much less, to comply with the laws of nature and nature’s God as expressed by our founders. Lines in the sand will eventually be drawn: freedom requires it.

I do not want violent revolution any more than a 90 year old great-grandmother would, or a soon-to-be first-time mother would, or a father would who has three wonderful children who have yet to grow up, or a child would who enjoys the companionship of his friends. It is the natural desire of man to live in peace. Unfortunately, peace is a luxury given only to those societies whose government complies with its bounds. So, who decides that the question of revolution be considered?–us or them? Is the decision pressed to be made by those who want freedom and who just desire that the government limit its actions to the confines of a constitution; or is it made by those, in total disregard of the principles of free constitutional federal republics, encroaching the trusts and rights of the people of the states–those sovereigns who formed this union and ratified the US Constitution? Who is the aggressor?–the citizen who desires peace and the rule of law, or the usurper whose actions can only be described as tyrannical and despotic? Our conscience confirms the answer. The real question is, who is willing to use the principles, character and nature of constitutional government which the States formed in 1787 to resist tyranny and to secure freedom for them and their posterity.

Federal law is not God’s law. Federal law is not even the Supreme Law of the Land. The only Supreme Law of the Land (to this date) is those laws that are passed pursuant to the constitution—and by constitution, this means not only the US Constitution, but also the State constitutions. Our founders stated emphatically: unconstitutional laws are null and void and have no effect.

Where the federal government assumes power that was given to the state governments by the people of those States, should the States sit back passively and let unconstitutional federal laws dictate to the state governments and to the people what they will do or not do? Any State willing to shirk the trust placed into their hands by the people is as guilty of treason as those federal tyrants who have trampled on those protections, powers and rights. State response should be in direct proportion to federal encroachments. Without this formula actively used, the tyrant always prevails.

You speak of defiance. This is true, for everyone defies laws. The only question is, which laws are you going to defy: constitutional laws or unconstitutional laws. If you choose to submit to unconstitutional laws, you defy the Supreme Law of the Land found in the US Constitution and the State constitutions. If our federal government decides to declare war on the states who choose to live in freedom, then so be it. As for “winning,” the colonists were never supposed to win the war in 1776 either. Thankfully, they believed that “duty is ours; and results are God’s.” In the end, we should let God in heaven be the judge of our actions here on earth. I, for one, choose freedom over slavery, even if that means defying federal laws.

Timothy Baldwin
Latest posts by Timothy Baldwin (see all)

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”



Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles


Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog


State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report


Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty


Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today


Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!



The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment



Get an overview of the principles, background, and application in history - and today.