Declaration of Nullification
"the following is a sample Declaration of Nullification for you to share with your state legislatures and to ask them to support your state sovereignty. This is not an actual piece of legislation from ANY state...yet."
We the People of the great state of OKLAHOMA hold these truths to be evident from our constitutional contract with the United States of America that the states of that union are as sovereign as foreign states and that they give up only so much of their sovereignty so as to allow for the execution of those powers enumerated and assigned to the federal government in the Constitution. Further, we hold that the United States Constitution represents our people's consent to be governed in any measure beyond that which is contained in our own constitution and the consent of the several states to allow the United States to act for them on the issues of national defense, foreign policy, foreign trade and interstate commerce. Moreover, we hold that when these consents are breached, as they have been by all three branches of the federal government, that each breach is an act of tyranny upon We the People and breach of contract upon the several states. These abuses stretch back to the beginning of the previous century and are evidence of the federal government's long-standing design to reduce the federalist system, consented to in the Constitution, to one of despotic central government rule. Such a government was not envisioned by the founders or by the states that ratified the Constitution or by the states that joined the union since, and such a government is wholly detrimental to the people's liberty and to the sovereignty of states.
To prove these assertions of the federal government's intent towards despotism, let the following facts be submitted to a candid world.
It has often refused to allow the states to govern themselves as necessary for the local public good.
It has passed legislation designed specifically to bribe, blackmail, and coerce the states into compliance with its unfunded mandates.
It has refused to pass legislation to provide for the common defense along the borders of the Republic while forbidding the border state governors from defending their states from a flood of illegal immigration, and it has required those states to bear a disproportionate burden of the financial expenses which inevitably accompany the migration of an entire population.
It has refused to pass reasonable and proportionate immigration legislation to accommodate both those wishing to migrate to the United States and the states that need that productive immigration to sustain their population.
It has called for legislation to be debated and voted upon during inconvenient times so as to require the perpetual stationing of the states representatives to the national capital and to limit the public's awareness of its activities.
It has obstructed the administration of justice by allowing its judiciary to grant itself the extra-constitutional power to judicially construct that which was clearly and unequivocally left to the states under the 10th Amendment to the Constitution.
It has erected a multitude of new offices and bureaucracies to which legislative authority has been delegated, in direct violation of Article I Section 1 of the Constitution, the effect of which has been the harassment of the people, the depletion of the public monies and the wholesale infringement upon individual liberty and state sovereignty as the people and the states attempt to comply with more rules and regulations than can be known by the common person.
It has given monies from the treasury, intended for the general Welfare of the Federal Government, not for the individual welfare of its citizens or foreign states, both to foreign governments--to curry favor and engage in entangling alliances--and to individual citizens and special interests groups to buy votes as well as ill-gotten political influence.
It has kept at our expense, and to the detriment of full provision of our own National Guard, in times when war was not declared, standing armies, and delegated to the executive the power to declare war through aggressive foreign policy actions committed in direct violation of Article I Section 8.
It has combined with foreign states to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving its assent to their acts of pretended legislation:
For placing our armed forces under the command of foreign officers; subject to foreign military jurisdictions not in accordance with the Constitution or the Uniform Code of Military Justice.
For quartering and training large bodies of foreign troops in our states and territories at the expense of our treasury under the guise of foreign aid.
For granting law enforcement jurisdiction to foreign police authorities for the purpose of arrest and detention of our citizens, thereby making the people subject to the judicial powers of foreign states and entities rather than of their own states and of their own constitutions and the Constitution of the United States.
For cutting off our trade, under its sole discretion, to all parts of the world.
For preventing the free market growth of commerce, trade or industry, to the detriment of our state's economy under the guise of radical environmentalism, and for the purpose of controlling our prosperity and production rather than merely making it regular among the several states.
For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments.
For declaring in themselves the power to legislate for us in direct contrivance to the 10th Amendment.
It has waged a de facto war upon our prosperity and that of our posterity by levying direct taxation upon the labor of our citizens and empowering its bureaucracies to harass and imprison those unwilling to comply with the legalized theft levied against them or to incriminate themselves in direct violation of the 5th Amendment.
It has stolen the wealth of the entire population by seizing our gold and silver and replacing the same with a worthless paper currency that is manipulated at the whim of private bankers not accountable to the people in the manner that Congress alone is accountable under Article I Section 8.
In so doing, It has turned our states into criminal enterprises by making them unable to comply with the directives of Article I Section 10, which require that all state transactions be conducted in only gold or silver currency and that states make only gold and silver a legal tender in payment of debts.
In every stage of these oppressions we have petitioned for redress through the political process, only to have those petitions answered by the repeated injury of the tyranny of the majority inconsistent with the republican government promised to all states in Article IV section 4 of the Constitution. A central government, whose character is thus marked by every act which may define tyranny, is unfit to govern a free republic.
We, therefore, the duly elected legislators of the State of Oklahoma, sitting in general assembly and on behalf of the people of Oklahoma under the eyes of God, declare our sovereign right to nullify any and all federal legislation which breaches our contract with the United States. This authority to act in defense of our citizens and our sovereignty extends to the Governor of Oklahoma and to the Sheriffs of each county to use any and all appropriate means to protect our citizens from the legislative enforcement efforts of the federal government henceforth deemed by this body to be in contradiction to the Constitution of the United States.
The above is provided for your use to debate and discuss the issue of nullification and hopefully institute some form thereof in our/your state. This declaration was modeled on the Declaration of Independence and the author of this declaration, RJ Harris, acknowledges credit to the authors of the Declaration of Independence and that so much of what they had to say permeates this declaration that individual citations would be tiresome and redundant to the readers.
About RJ Harris:
RJ Harris is a currently serving nineteen-year Oklahoma Army National Guard Officer, two-time Iraq War Veteran and U.S. Congressional Candidate for Oklahoma's 4th Congressional District. He is a University of Oklahoma graduate in Philosophy and a second year law student at the University of Oklahoma College of Law. RJ is a Constitutional Conservative Republican and Liberty Candidate. He has appeared on Fox News' Freedom Watch twice with Judge Andrew Napolitano and been the featured guest on conservative/libertarian talk-radio programs across the country. www.rjharris2010.com





















14th Amendment Has nothing to do with...
First off... the 14th Amendment has ZERO to do with most people. It's just most people don't have a clue what it's for. There is no amendment in the constitution or amendment that can be added to trump State and We the People Sovereignty.
First off the 9th and 10th Amendments are statements of FACTS... They are NOT grants of power or Authority.
The Bill of Rights has a Preamble and here it is. I will also explain the very self evident reality of this after you read it.. Ready... here it is:
THE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution
Now look at what it says... It says the Bill of Rights are expressing FURTHER Declaratory (like im declaring something to be a FACT) and RESTRICTIVE CLAUSES (like im gonna restrict you even further with these declarations of FACT) be added... etc...etc..etc...
Do you now understand why the 14th Amendment CANT TOUCH original citizenship status. Look, as sad as it is, the 14th amendment took freed black slaves under the federal governments protections so that they could have some remedy against those States who really didn't want to free the blacks and wouldn't recognized their new freedom.
So the 14th amendment gave freed black slaves CIVIL RIGHTS... NOT INALIENABLE RIGHTS... That's what it did. Civil Rights are GRANTED to the freed black slaves by the federal government. Inalienable rights sill was and is retained by all others! Inalienable is NOT granted by government and civil rights are.
How do you think that these days the government gets away with all this legal messing with rights. Because we are ALL being blanketed UNLAWFULLY as 14th amendment citizens. Im not a 14th amendment citizen! This 14th amendment worked so well for the Federal government that they just basically said over the years... screw it... lets make everyone a 14th amendment citizen. And therefore, most of us don't even know the reality behind this damn misunderstood amendment.
The Father can't be the son and the son can't be the father. We the People are the Father's to the States, and the State's are the Father's to the Federal government.
Now who here REALLY BELIEVES that the federal government through some STUPID MISUNDERSTOOD 14th Amendment or any other amendment for that matter can become our FATHER!!!!! PLEASE TELL ME THIS ONE!!!!! I Can't put enough exclamation marks to get my DISGUST heard loud enough!
Here's one... watch... The Earth is Round!
Now watch this... Im gonna pass a law making it a triangle.
Hmmm... let me see... does my law affect that reality. I would have to say absolutely not!
The 14th Amendment gave newly freed black slaves protections of the federal government. The origianl class of citizen was NOT touched with that amendment. Go read the Dred Scot decision in where it talks about citizenship.
The reality is, the 14th amendment secured the Civil, not inalienable rights for freed black slaves and brought them under the protections of the federal government. In which case the federal government can legislate upon such Civil Rights...
Im gonna say this really loud. I AM NOT A 14th Amendment Citizen. I never was, never will be and never plan to be! I am of the original class of citizenship that was recognized from the very beginning of the passing of the US Constitution in 1788.
Now, does anyone here believe that an amendment can change who's the ultimate sovereign. There it is again, a ZERO percent chance that's the case.
Start standing up for yourselves and stop allowing some criminals in governments to dictate to you who you ARE! We are THE PEOPLE and WE SHOULD ACT LIKE IT! Otherwise we get what our scared sorry asses deserve... MORE TYRANNY!
Love Liberty, be Vigilant
"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)
Faith in God will prevail all things!
The 14th and Case Law
cdistasio,
You have made some very good points, but what does Case Law have to say about the 14th Amendment and the Incorporation of the Bill of Rights?
MAYBE the framer(s) of the 14th intended it to "Assist" newly freed slaves, however case laws within the 20th Century has taken it to mean ALL
human beings living in these United States, as stated below.
One of the greatest changes in the interpretation of the Constitution came with the passage of the 14th Amendment after the conclusion of the Civil War. It was designed to assist newly freed slaves in the transition to freedom and to protect them from acts of the Southern states, and also to overturn the decision in the Dred Scott case that ruled that persons of African descent could not be citizens of the United States even if they were born in the United States. The amendment was successful in this endeavor, legally, if not in reality.
But this sentence had and continues to have long-lasting implications on the application of the Bill of Rights to the states:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The "Due Process Clause" has been interpreted as applying the Bill of Rights, which lists the rights (or privileges and immunities) of the citizens, to the states. Known as "incorporation," the application of the Bill to the states did not come all at once, nor is incorporation complete. Even today, there are some parts of the Bill which have not been incorporated. The process began unsuccessfully in the late 1800's and continued unsuccessfully right up until the 1930's. In 1947, however, in Adamson v California (332 U.S. 46 [1947]), the Supreme Court began to accept the argument that the 14th Amendment requires the states to follow the protections of the Bill of Rights. Historians both agreed and disagreed with the Court's contention that the framers of the 14th Amendment intended incorporation since its passage ... but historians do not sit on the Court. Their opinions were less important than those of the Justices.
The process of selectively incorporating the clauses of the Bill of Rights is agreed to have begun in Twining v. New Jersey (268 U.S. 652 [1925]) which contemplated the incorporation of some of the aspects of the 8th Amendment - not because they were a part of the Bill of Rights but because they seemed to be fundamental to the concept of due process. This process of incorporating parts of the Bill of Rights because of their connection to due process began to run in parallel with the selective incorporation doctrine, where parts of the Bill of Rights were ruled to be enforceable on the states by virtue of the 14th Amendments, whether or not due process applied.
Thus in the early 1960's, the Establishment Clause, the right to counsel, the rights of free speech, assembly, and petition, and the right against unreasonable searches and seizures were quickly incorporated. Since the early 60's, almost every clause in the Bill of Rights has been incorporated (notable exceptions are the 2nd and 3rd Amendments, the grand jury indictment clause of the 5th Amendment, and the 7th Amendment).
Source: http://www.usconstitution.net/consttop_bor.html
"Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth. "
— William Faulkner
twitter.com/@Battleforce3327
Ill leave it at this...
The 14th Amendment means what the framers of that time meant it to mean. And regardless of 20th century case law, it still doesn't change what it's intentions were.
You can also say that the 20th century brought us a whole bunch of un-constitutional laws even IF courts did agree with those laws.
Ultimately it's the people who decide. Not some judges or government officials.
The Bill of Rights are statements of facts. I have a right to such and such... In my eyes, no case law can ever trump that fact. EVEN if government thinks that they could.
This is where resistance becomes crucial. If you don't resist, it will evolve eventually into the grand scheme design in which it was intended. And that design is no good for liberty.
Love Liberty, be Vigilant
"Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty" (2 Corinthians 3:17)
Faith in God will prevail all things!
Case Law and the Courts
It is unfortunate that many if not all courts go by Case Law, instead of the Constitution, and this is where
we run into problems, that is why I brought up the subject in the first place.
How ever, I would like for you to look up the ORIGINAL
meaning of EMANCIPATION, and the 14th Amendments lack of
clarity in the thoughts of the writers of that Amendment.
With the way that our current out of control government is going, this is one of the ways that they have and will continue to USURP the 9th and 10th Amendments.
WE can force, through vote or legislation, to either repeal the 14th or Amend the first paragraph of the 14th
to clarify the TRUE INTENT of it's writers.
I personally would prefer to have it repealed in full.
"Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth. "
— William Faulkner
twitter.com/@Battleforce3327
the courts recognize it, if it's ever brought to them correctly
http://www.supremelaw.org/rsrc/twoclass.htm
"The first clause of the fourteenth amendment made negroes
citizens of the United States**, and citizens of the State in
which they reside, and thereby created two classes of citizens,
one of the United States** and the other of the state.
[Cory et al. v. Carter, 48 Ind. 327]
[(1874) headnote 8, emphasis added]
Contract Law...
If the federal government is not going to abide by the Constitution then why should we not declare a breach of contract and suspend action in compliance until the breach is curred? This is an elementary and fundamental tenet of contract law.
RJ Harris
Constitutional Libertarian
www.harrisforoklahoma.com
Facebook: http://www.facebook.com/pages/RJ-Harris/128692249103
Bump
for liberty
Secession Now!
I vote for all out secession. It has been obvious for a long time now that the will of the people means nothing at the federal level. Let us freedom lovers leave peacefully. Everyone else can stick around and play the game and pretend that their vote actually means something.
Check out Secession Expression for some cool freedom gear...
So if they don't abide by the Constitution then the 14th Amend.
has no power over us right? I think this is called lawlessness. I don't see why Obama and crew even bother with Parliamentary procedure when they just do what ever they want to. Constitution? what Constitution.
I can't even scrap up enough money to file bankruptcy and now I'm going to be taxed for HELLthcare.
NJ - SCR 61
http://www.njleg.state.nj.us/2010/Bills/SCR/61_I1.HTM
The most important civil liberty I expect from my government, is my right to be kept alive - Mitt Romney
14th Amendment
I don't mean to put a damper on this, this is a great letter, however, look at the 14th Amendment, the Federal Government with the "Ratification" of this
amendment removed the sovereignty of the states.
"1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Look up Emancipation in Latin and the ORIGINAL definition in the Oxford English Dictionary.
"Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth. "
— William Faulkner
twitter.com/@Battleforce3327
Well... It tried.
The 14th Amendment is called the "incorporation" Amendment. The Federal Govt., with the passage of this amendment, became incorporated. "United States" is an entity separate and distinct from the Union states. When a human being is born in any one of the several Union states he is a citizen of that state, and, by extension through the union of states, is a citizen of the United states of America. This is an entirely different thing from being a citizen of the United States, "Inc."
When you read the 14th Amendment in this light, understanding that the jurisdiction of the United States is limited territorially, to D.C., Porto Rico, the U.S.V.I., Guam, Etc., you realize that natural born citizens of any one of the several Union states are not U.S. Citizens unless they chooses to be so through contract (and the U.S. has us engaged in many contracts: Social Security, military service, Medicare/-aid, and the worst the 1040 form that asks you if you are a U.S. Citizen.)
Also, the Constitution only applies to the people and institutions related to the Union states as it is a compact among them. But because Washington D.C. is not a state and neither are any of the protectorates, the Constitution does not apply there. Congress therefore, can write both constitutional and un-constitutional law that becomes valid only in the proper jurisdiction. Their trick though, seems to be the confusing of these jurisdictions while keeping people ignorant of their natural status to their own government.
~ The only legitimate purpose for government is to administer the protection of liberty for all the people. Any other purpose leads to the destruction of liberty.
- Middlesex County, Massachusetts
Nullification
Implicit in the nullification of ObamaCare would be nullification of any provision in the 14th "amendment" which prohibited nullification :)
Repeal the 14th
So, you are saying that in order to nullify Obamacare, we need to Repeal the 14th? If so, I would have to agree.
The 14th Amendment pretty much trashes the 9th and 10th
Amendments. The states need to take a closer look at this amendment, verify that it was properly ratified, and then push to have it repealed along with the 16th and 17th amendments (though they are not truly ratified LEGALLY.
"Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world...would do this, it would change the earth. "
— William Faulkner
twitter.com/@Battleforce3327
9th-10th are unalienable
9th-10th are unalienable rights! GOD GIVEN or if you prefer natural rights. NO ONE can take them away!
Trust in God, but tie your camel tight.
"Socialism needs two legs on which to stand; a right and a left. While appearing to be in complete opposition to one another,they both march in the same direction." - Paul Proctor
RJ All the Way in the Primaries
RJ you will be the beacon of light in Gotham...I mean D.C.
wow
At first, I thought this was written by a citizen who has little influence on our government.
I'll be glad to vote for someone like Mr. Harris.
bump
for Liberty!
Website:
http://www.libertypoet.com/
Twitter:
http://twitter.com/LibertyPoet
"How can we justify to the unemployed and underemployed in the United States the incredible cost of maintaining a global empire?" - Dr. Ron Paul
Bump
to read later.....
“The Internet is the first thing that humanity has built that humanity doesn't understand, the largest experiment in anarchy that we have ever had." - Eric Schmidt
Thank you RJ! I heard you on the PeaceBlimp Radio
today! I hope you are feeling much, much better. Best of luck to you.
Debbie
Best of luck to you RJ
Oklahoma will be fortunate to have you, thank-you.
The DP is proof that the grassroots support for Ron Paul and his peaceful message of individual liberty is large, real, and not going away!
Great stuff RJ! I wonder,
Great stuff RJ! I wonder, how many on DP are actively working within their own state to get the nullification ball rolling? This may very well be our last and most urgent stand. To HELL with top down strategies. It's time to restore checks/balances from the bottom up.
Trust in God, but tie your camel tight.
"Socialism needs two legs on which to stand; a right and a left. While appearing to be in complete opposition to one another,they both march in the same direction." - Paul Proctor
I am with you RJ
It is absolutely useless to reason with the aristocrats on the hill.
We need to take this to the local and state levels!
Good work!
For Freedom!
STUGOTS! To the high and felutent establishment!
Paultian Powerhouse!
RJ!
RJ! RJ! R! J! RJ! RJ!