Say the word jury nullification and people say they can’t do it. Say state nullification and people will say it is a no-go. The reason for this is that the fear that most people have of the government will punish them prevents them from doing this on their own.

It would be nice if we lived in a world where people regularly had the courage to defy their government when it is acting unjustly or unconstitutionally but we live in the real world where such courage is rare. Those who believe in these concepts have to accept the idea that people are not going to risk their lives, liberty, and property when attempting to disobey the government. There has to be a legal path for these things in order for the average person to use them.

That path is to combine the best of both ideas by establishing rules for the lower courts that allows any juror (or judge) to vote not-guilty when the federal law in question has been nullified by the state. These powers over the lower courts exist in the constitution because the federal congress has the power to establish and ordain all lower courts to the supreme court which coincidentally gives powers to write rules of how those courts should operate.

Congress can simply establish this as a possible defense for the accused which would make it possible for any defense attorney to point out that the state has declared the law in question null and void. A judge would then be forced to declare the accused not-guilty and every juror would have to vote not-guilty when the law in question has been nullified by the state where the crime has taken place. This would make it impossible for the federal government to prosecute anyone in a state that has declared the law null and void.

Edward Browning Bosley
Latest posts by Edward Browning Bosley (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.