Counter-Nullification

Nullification is a treasured and controversial principle in United States’ constitutional law. In our present context nullification means that states can reject or nullify a law passed by Congress that they believe to be unconstitutional. The most furious activity regarding nullification efforts in this country occurred between 1820 and 1860. While many assume that nullification primarily revolved around state’s rights and slavery, there have been movements to nullify tariffs and the disposition of public lands. In fact, the most strenuous and long-lasting nullification efforts were focused on those two now-forgotten raging issues. This has been a thumbnail sketch of the history of formal nullification in the United States. There has existed, however, an informal subversive movement to nullify the Constitution. The most tragic aspect of the movement is that it has been implemented by our elected and appointed officials who have sworn to protect and defend the Constitution of the United States.

Congress has consistently passed laws that defy the Constitution yet in a 58 year period from 1937 to 1995 the Supreme Court of the United did not find any congressional action unconstitutional. Given the plethora of laws and the massive expansion of the federal government during that period, one could assume that there was a conspiracy to undermine the Constitution of the United States between all three branches of government. In essence the failure of congressional restraint, the lack of presidential vetoes and the absence of Supreme Court findings of unconstitutionality suggest an informal nullification of the Constitution by the people who controlled the reins of national power. If only one of the three branches had the wisdom, the reasoning and the courage to stand and defend the Constitution, we may have avoided so many of the troubling issues we face today. Founder and Framer John Adams said, “We have a government of laws and not of men.” That may have been true two and a quarter centuries ago, but for the past century or so men have willfully ignored, distorted or violated the law to pursue their personal whims and preferences. They have and continue to informally nullify our constitutional form of government.

Liberals, conservatives, moderates, progressives and statists have banded together through their votes or non-votes to thwart the dream of the Framers and to violate their oaths of office. Now…we have a nullification movement that is gaining momentum among the people. Using the 9^th and 10^th Amendments to the Constitution as a foundation, these patriots hope to encourage their respective state legislators to reject any and all unconstitutional actions by the federal leviathan. Analysts, constitutional scholars, historians and windbags proclaim that state-initiated nullification efforts are illegal and ill informed. The power elite and their willing sycophants who have abused the Constitution and the rights of the people warn the people that they/we cannot challenge their perfidy by rejecting their unlawful actions. Clearly two wrongs do not make things right, but if the people do not grab the levers of government through their state legislatures and the nullification process, we shall have either tyranny or despotism as our reward for our inaction.

Because our “leaders” and their bureaucratic minions have engaged in their informal “counter-nullification” activities for the past ten or so decades, it seems to me that a counter-counter-nullification effort can be similarly successful if our legislators have the courage and the will to pursue one. If a state refuses to implement a clearly unconstitutional provision handed down by our national “betters,” what are the Feds going to do about it? The rule of law has already been perverted and destroyed by them. Now comes the blowback from their cavalier treatment of the Constitution. The people through their state representatives will refuse to engage in any more unconstitutional activity. If the federal power structure and their toadies attempt to declare nullification by a state an illegal act, let them and let them try to enforce their silly self-serving declaration. In addition we can assume that a state will not stand alone. There will be others that share the desire to stop the federal encroachment on the Constitution and the people.

If the people who have solemnly taken oaths to protect and defend the Constitution of the United States can willy-nilly ignore their oaths and subvert the Constitution, why can’t the people ignore or reject those lawbreakers while honoring and restoring constitutional governance and principles to our respective states? The third of Newton’s laws of motion asserts that “every action is accompanied by a reaction of equal magnitude but opposite direction.” Liberty isn’t physics, but the principle expressed in Newton’s law is appropriate. We must act now while we have the energy and the means to do so. If we linger, the massive federal government will have us surrounded and bound in such a manner that we may be unable to react. The time has come to nullify the counter-nullifiers. “We the People” must be more than mere sentiment.

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Frosty Rules

When I face an extraordinarily difficult problem while writing a column, I often “talk it out” with Frosty, my faithful and ever-present Golden Retriever. Sometimes he surprises me.

If Frosty were the president,

Of this great wondrous land.

He would be fair and just

Governing with a level hand (paw).

If Frosty were the president,

He’d follow the Constitution

And make the government

Pay out some restitution.

If Frosty were the cat in charge,    (I did that to annoy him)

Of every agency and bureau

The dollar would be firm and strong

And worth more than the euro.

“Hey, Frosty,” I said to the CinC,

“What about the economy?”

“It’s Mr. President to you,” he said,

“Don’t dump that crap on me.”

“But you’re the leader,” said I

To the exalted critter.

“You should have the answers,

The sweet and the bitter.”

“I’m just a figurehead”, said he,

“Others screw the people.

I just wear a happy face

While fooling all the sheeple.”

Stunned, I struggled to reply.

“Don’t you want to do what’s right”

Echoed my plaintive cry.

“Won’t you wage the virtuous fight?”

He shrugged and shook his head,

“It doesn’t matter any more.

The people do not know or care

What is worth their fighting for.”

“They have given up

And now they mail it in.

They won’t fight for liberty.

They’ll let the tyrants win.”

The noble mutt continued,

“It’s like they don’t really care

About their freedom and all,

What’s so reasonable and rare.”

I was shocked at my puppy’s critique.

“You must take action,” said I aloud,

“you cannot let this situation ride.

You must energize the crowd.”

“Oh no,” he replied with a shake.

“It’s not my job,” with a canine smile.

“Humans must motivate themselves.

It’s really not the doggie style.”

“If they indeed want liberty,

And the benefits it brings.

They’ll get off their lazy butts

And fight for important things.”

“But you’re the leader of the pack,

The President of the whole land.

Isn’t your job to rally us all

To be firm and take a stand?”

“No,” said Frosty, “I no can do.”

Like a mischievous little elf.

He said, “I am but a dog.

I can teach them to lick themselves.”

His loony answer startled me,

And I shook my head in wonder.

Isn’t he being a little nonchalant?

I began to ponder.

Reality came back to my reverie.

Frosty was snoozing on the floor,

And I was sitting at my keyboard.

He was the President no more.

He had a valid point.

The people must decide

To ensure their liberty

From politicians who have lied.

Frosty is not so different

From a politician the people calls.

He lacks the courage to do the job

Cause Frosty has no …

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If Only

If only all career politicians were people of honor, integrity and intelligence, then our liberty and our nation would not be in such jeopardy.


If only the people we choose to lead us, whether politically, in business or in our volunteer groups, were not overcome by their own megalomania, then maybe we could accomplish something of lasting value.

If only the people who choose the leaders were more self-reliant and less concerned about what government can “give” them, then perhaps they would be more discerning when selecting those who lead them.

If only we were more diligent about handling our own affairs, then maybe we wouldn’t be so eager to restrict the actions of others.

If only our children who are born with their unalienable rights intact could retain some sense of urgency for freedom, then I would not be so fearful for their futures.

If only more parents would teach about liberty and responsibility, then our distortion of our rights would not be so great or so wrong.

If only preachers would recognize that salvation and unalienable rights are mutually inclusive, then the church would become the citadel for freedom that would honor God and advance the cause of liberty.

If only our career politicians would read and follow the Constitution, then freedom –economic, political and personal—would flourish.

If only taking an oath had the gravity that it once had, then perhaps our leaders and jurists would be more diligent in their following the Constitution.

If only we allowed God Almighty back into our daily discourse, then oath-keeping would be a more solemn activity.

If only personal shame were to return as an element of social interaction, we wouldn’t have so many restrictive laws, rules and regulations.

If only we hadn’t had such an expansion of “rights,” and inflation of self-esteem and a misguided definition of accountability, then perhaps I would have more confidence in our nation’s prospects for righting our ship of state.

If only there were not so many aspects of our nation’s faltering, those of us who care could join together to correct our course.

If only those of us who care were not faced with a multitude of issues requiring correction, then we could be more effective by uniting and focusing on a few critical items.

If only our Framers and Founders had not been so wise, then I would not have enjoyed the opportunity to freely express my alarms.

If only ………

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