Bill Bucko

Follow THOMAS JEFFERSON'S Advice! NULLIFY!

11 posts in this topic

FIGHT TYRANNY! NULLIFY! CONTACT YOUR STATE LEGISLATORS TODAY!

The Founding Fathers, in the ratification debates and in Thomas Jefferson's Kentucky Resolutions, were CLEAR: citizens, acting through their state governments, DO have the right--some said even the duty--to oppose usurpations by the national government. And what could be a worse usurpation than seizing the literal power of life and death over us, deciding when we or our loved ones have "loved long enough"?

Thomas Jefferson, on Usurpations of Power :

"Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. Memorial Edition 17:380

"[An] act of the Congress of the United States... which assumes powers... not delegated by the Constitution, is not law, but is altogether void and of no force." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. Memorial Edition 17:383

"Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. Memorial Edition 17:386

"[The States] alone being parties to the [Federal] compact... [are] solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party but merely the creation of the compact and subject as to its assumptions of power to the final judgment of those by whom and for whose use itself and its powers were all created and modified." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:387

"The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion and not the Constitution the measure of its powers; but... as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:380

Quotations from from: http://etext.virginia.edu/jefferson/quotations/index.html

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Thomas Jefferson, on how to construe the Constitution:

"I say... to the opinion of those who consider the grant of the treaty-making power as boundless: If it is, then we have no Constitution. If it has bounds, they can be no others than the definitions of the powers which that instrument gives." --Thomas Jefferson to Wilson Nicholas, 1803. ME 10:419

"The construction applied... to those parts of the Constitution of the United States which delegate to Congress a power "to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defence and general welfare of the United States," and "to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof," goes to the destruction of all limits prescribed to [the General Government's] power by the Constitution... Words meant by the instrument to be subsidiary only to the execution of limited powers ought not to be construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument." --Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:385

You'll notice that this is the EXACT OPPOSITE of the approach used to force the fascist/socialist obamacare "law" down our throats.

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NULLIFY!

From the Tenth Amendment Center:

“Who is really behaving lawlessly here? A federal government that refuses to operate within its delegated powers, and rips authority away from the states and the people? Or the states, working through legitimate democratic processes, saying, ‘No!’ we don’t accept this? I would argue it’s the federal government that’s in rebellion, and it’s time for the states to put a check on illegitimate federal power.”

http://tenthamendmentcenter.com/2012/06/28/what-next-nullify/#more-12960

http://tenthamendmentcenter.com/2012/05/09/an-effective-method-to-restore-due-process/

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Federal Health Care Nullification Act

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The following is Tenth Amendment Center approved legislation to nullify federal overreach into the health care industry. Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.

click here for additional talking points

CLICK HERE – to download the Tenth Amendment Center’s Nullification Talking Points brochure (.pdf): http://www.tenthamendmentcenter.com/wp-content/uploads/documents/talkingpoints/Nullification-Brochure.pdf

An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States, taking control over the health insurance industry and mandating that individuals purchase health insurance under threat of penalty.

SECTION 1. The legislature of the State of ____________ finds that:

1. The People of the several states comprising the United States of America created the federal government to be their agent for certain enumerated purposes, and nothing more.

2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government, and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively, or to the people themselves.

3. The assumption of power that the federal government has made by enacting the “Patient Protection and Affordable Care Act” interferes with the right of the People of the State of _____________ to regulate health care as they see fit, and makes a mockery of James Madison’s assurance in Federalist #45 that the “powers delegated” to the Federal Government are “few and defined”, while those of the States are “numerous and indefinite.”

SECTION 2. NEW LAW

A new section of law to be codified in the [sTATE] Statutes as Section [NUMBER] of Title [NUMBER], unless there is created a duplication in numbering, reads as follows:

A. The Legislature of the State of _______________ declares that the federal law known as the “Patient Protection and Affordable Care Act,” signed by President Barack Obama on March 23, 2010, is not authorized by the Constitution of the United States and violates its true meaning and intent as given by the Founders and Ratifiers, and is hereby declared to be invalid in this state, shall not be recognized by this state, is specifically rejected by this state, and shall be considered null and void and of no effect in this state.

B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” within the limits of this State.

C. Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000.00), or a term of imprisonment not exceeding five (5) years, or both.

D. Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years or by a fine not exceeding One Thousand Dollars ($1,000.00) or both such fine and imprisonment.

E. Any aggrieved party shall also have a private action against any person violating the provisions of subsections © or (D).

SECTION 3. This act takes effect upon approval by the Governor.

From http://tenthamendmentcenter.com/legislation/federal-health-care-nullification-act/

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Nullification is NOT the same thing as civil war.

States resisted the Alien and Sedition Acts without a civil war.

States resisted the Fugitive Slave Laws without a civil war. (Although southern states such as South Carolina a few years later cited the widespread northern resistance to the Fugitive Slave Laws as a reason for their seceding.)

See http://tenthamendmentcenter.com/2012/05/09/an-effective-method-to-restore-due-process/

States are now resisting unconstitutional NDAA Indefinite Detention and obamacare, without a civil war.

The Founding Fathers COUNTED on us to resist federal tyranny.

http://tenthamendmentcenter.com/2012/05/09/an-effective-method-to-restore-due-process/

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Nullification is NOT the same thing as civil war.

States resisted the Alien and Sedition Acts without a civil war.

States resisted the Fugitive Slave Laws without a civil war. (Although southern states such as South Carolina a few years later cited the widespread northern resistance to the Fugitive Slave Laws as a reason for their seceding.)

See http://tenthamendmen...re-due-process/

States are now resisting unconstitutional NDAA Indefinite Detention and obamacare, without a civil war.

The Founding Fathers COUNTED on us to resist federal tyranny.

http://tenthamendmen...re-due-process/

Most of the impositions are imposed on individuals and businesses directly by the Federal government with the IRS inflicting penalties for non-compliance. How do state refusals to go along help against that?

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Nullification is NOT the same thing as civil war.

States resisted the Alien and Sedition Acts without a civil war.

States resisted the Fugitive Slave Laws without a civil war. (Although southern states such as South Carolina a few years later cited the widespread northern resistance to the Fugitive Slave Laws as a reason for their seceding.)

See http://tenthamendmen...re-due-process/

States are now resisting unconstitutional NDAA Indefinite Detention and obamacare, without a civil war.

The Founding Fathers COUNTED on us to resist federal tyranny.

http://tenthamendmen...re-due-process/

When State officials are arrested for non-compliance and tried for insurrection what do you think the result will be?

ruveyn

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Excellent posts, Bill. I fully agree with your point, which according to my research is historically correct. Whenever I read the knee-jerk reaction that nulliification equals "civil war" or "revolution," and that therefore it can't even be contemplated, I just shake my head at how far we have fallen from the courage of the founders of this country.

Here's an excellent article written by someone who was there at the time which traces traced the history of the development of the "Consolidation" problem. Thomas Cooper MD was an English immigrant and close friend of Thomas Jeffferson, and Cooper's work both on politics and religion was excellent. During the nullification crisis Cooper was one of the intellectual leaders, and later after the religionists forced him out as president of the University of South Carolina because he would not conform to the Calvinist orthodoxy, he was retained by the legislature to publish a new edition of the statutes of the state. He used the opportunity to include with that publication many outstanding documents that go into great detail about the history of the Constitutional period and the development of the federalist / antifederalist confrontation. That work is a great resource and is available free at google books here. But as an introduction to Cooper's work it's hard to be the first article I linked, "Consolidation." That article also serves as a great introduction to the history of why it is incredible that a number of Objectivists hold Alexander Hamilton in such high regard, as he is among the real villains of the "general welfare" argument that has led uss to Obamacare and many other disasters.

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Nullification is NOT the same thing as civil war.

When State officials are arrested for non-compliance and tried for insurrection what do you think the result will be?

I think there's a very small chance of a governor refusing to implement Obamacare being arrested. If one governor did decide to do this, it's very likely that a number of others would follow. And I don't believe Obama has it in him to go after all them (or even one of them). He knows this legislation is very unpopular. The leftist statists function much more subversively than overtly, and they're counting on the cowardice of the republicans (which they usually can) along with the ignorance and apathy of the citizens. Going after states and their governors would knock too many citizens out of that apathy, and they know it.

Nullification is a card they don't expect their opponents to play, and they don't have it in their playbook to fight this issue in open terms on center stage.

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Nullification is NOT the same thing as civil war.

When State officials are arrested for non-compliance and tried for insurrection what do you think the result will be?

I think there's a very small chance of a governor refusing to implement Obamacare being arrested. If one governor did decide to do this, it's very likely that a number of others would follow. And I don't believe Obama has it in him to go after all them (or even one of them). He knows this legislation is very unpopular. The leftist statists function much more subversively than overtly, and they're counting on the cowardice of the republicans (which they usually can) along with the ignorance and apathy of the citizens. Going after states and their governors would knock too many citizens out of that apathy, and they know it.

Nullification is a card they don't expect their opponents to play, and they don't have it in their playbook to fight this issue in open terms on center stage.

I hope you are right. But I can not underestimate the mendacity and baseness of neo-fascistoids like Obama and his buddies.

ruveyn

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