Saturday, January 4, 2014

The Nullification Alternative

There are some who want to rewrite the Constitution to fix the economy. Joe Wolverton has a Plan B from the Constitution that is safer.

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Bruce

"The right of states to nullify unconstitutional federal laws was until recently almost unknown to today's generation of Americans. But that has been changing in recent years, as growing numbers become aware that under the 10th Amendment of the U.S. Constitution states retain the power to stop federal unconstitutional encroachments — from ObamaCare to gun control — at the state border.
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Lotfi's Washington Times piece makes a similar warning:

Congress is now controlled almost exclusively by lobbyists. States essentially lost all control over the federal government with the implementation of the Seventeenth Amendment. Hardly a federal delegate in Congress feels the need to report to their respective state legislators. The risk for a runaway convention, by which our current Constitution could be completely shredded, is of paramount concern.

Rather than expose the Constitution to the whims of special interest groups, political action committees, corporations, and the politicians they pay for, why not enforce the Constitution as written?
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Fortunately, there is another way for states to exercise their collective authority on the federal government without resorting to a constitutional convention. It is the concept described by Thomas Jefferson as the “rightful remedy” for any and all unconstitutional acts of the federal government: nullification.

Simply stated, nullification is a concept of legal statutory construction that recognizes each state’s right to nullify, or invalidate, any federal measure that a state deems unconstitutional.
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With these facts in mind, it would seem that our nation’s fiscal and political well-being is better served by governors jealous of their states’ sovereignty and their rightful role as “shelters against the abuse of power,” signing into law state bills nullifying unconstitutional federal measures (including those that have propelled our national indebtedness into the stratosphere) than by a constitutional convention with unchecked power to amend our Constitution out of existence in the name of balancing the budget.

Finally, in a “Stop the Con Con” video featuring its CEO Arthur R. Thompson, The John Birch Society makes a critical point — one always avoided by the Article V advocates:

Many view a con-con as a quick way to pass amendments they think will stop the big-government juggernaut. Why would politicians suddenly start following an amended Constitution after ignoring and violating the Constitution for so long? The remedy so desperately needed to return our country to good government is to enforce the Constitution, not amend it.

In other words: Follow it, don’t fix it!"

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