Nullification VS Secession - Nullification Is The "Rightful Remedy"Submitted by Richard Taylor APP on Thu, 11/15/2012 - 15:02
I think if more people realized that "NULLIFICATION" and or "VOIDING" any over-reaching federal power was both established in the Virginia Ratifying Conventions 1788 and actually practiced in the Virginia and Kentucky Resolutions by both the Author of the Constitution and Author of the Declaration of Independence, They would have more cause to understand the validity, simplicity and ease of the process.
A judge (state or county), local county commission or state legislature simply writes it's reasons for nullification and refuses to enact the federal imposition or "law".
(This is in fact established as a DUTY of all state and local judges and legislatures / commissions i.e all well regulated communities - SEE BELOW)
If the federal government attempts to impose, The state or local government engages the police and national guard or deputizes it's CITIZEN MILITIA to enforce their OWN laws.
Virginia Ratifying Convention, 6-16-1788:
Defining the meaning of the Constitution:
Mr. PENDLETON. "Mr. Chairman, this clause ("Supremacy Clause" i.e. "Sweeping Clause") does "NOT" give Congress power to impede the operation of ANY PART of the Constitution, (N)OR to make >>>"ANY REGULATION" that may affect the interests of the citizens of the "Union at large".
(Stop and give that last sentence some serious thought)
George Nicholas: "...But, says he, WHO is to determine the extent of such powers? I say, the same power which, in >>>ALL WELL-REGULATED COMMUNITIES (i.e. includes counties - Judicial and Commissions), DETERMINES the "EXTENT" of (Federal or State) "legislative" powers. >>>If they exceed these powers, the "JUDICIARY" will DECLARE it "VOID", or else "the PEOPLE" will have a "RIGHT" to "DECLARE" it "VOID"."
It all has to do with "CONSENT".
The States and Communities have a second right, the right to resist force with force.
Mr. JOHN MARSHALL: "...The state governments DID NOT derive their powers from the general government; but each government derived its powers from the people, and each was to act according to the powers given it. Would any gentleman deny this? He demanded if powers not given were retained by implication. Could any man say so? Could any man say that this power was not retained by the states, as they had not given it away? For, says he, does not a power remain till it is given away? The state legislatures had power to command and govern their militia before, and have it still, undeniably, unless there be something in this Constitution that takes it away.
For Continental purposes Congress may call forth the militia, as to suppress insurrections and "repel invasions". But the power given to the states by the people is "NOT taken away"; for the Constitution does NOT say so. ...All the restraints intended to be laid on the state governments (besides where an exclusive power is expressly given to Congress) are contained in the 10th section of the 1st article. This power is NOT included in the restrictions in that section. But what excludes every possibility of doubt, is the last part of it that "no state shall engage in war, unless actually invaded, or in such imminent danger as will not admit of delay." When invaded, they "CAN" engage in war, as also when in "imminent danger"."
James Madison: "...There is a powerful check in that paper. The STATE governments are to govern the militia when not called forth for general national purposes; and Congress is to govern such part ONLY as may be in the actual service of the Union. Nothing can be more certain and positive than this. It expressly empowers Congress to govern them when in the service of the United States. It is, then, "clear" that the STATES govern them "when they are not"."
When referring to the federal legislature, James Madison states this very clearly:
"...The states may make what stipulation they please in it, and, if they apprehend "ANY" danger, they may REFUSE it ALTOGETHER."
See Ratifying Convention Day in full: http://www.pacificwestcom.com/americanpatriotpartynewsletter
Virginia and Kentucky Resolutions, 1798:
James Madison, Author of the Constitution:
"...That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the "plain sense and intention" of the instrument constituting the "COMPACT" (i.e. ORIGINAL CONSTITUTION); as no further valid that they are authorized by the grants "enumerated" in THAT COMPACT;
>>>>>and that in case of a "deliberate", "palpable", and "dangerous exercise" of "OTHER" powers, not granted by the said "COMPACT",
the "STATES" who are parties thereto, have "the RIGHT", and are in >>>>>"DUTY BOUND", to INTERPOSE for arresting the progress of the evil, and for maintaining within their respective LIMITS, the authorities, rights and liberties appertaining to them..."
Thomas Jefferson, Kentucky Resolutions, 1798:
8th:"...that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States;
and that therefore this commonwealth is determined, as it doubts not its co-States are, to submit to undelegated, and consequently "unlimited powers" in "NO MAN", or >>>>"BODY OF MEN ON EARTH": that in cases of an abuse of the delegated powers, the members of the general government, being chosen by the people, a change by the people would be the "constitutional" remedy;
"BUT", where powers are assumed which have NOT been delegated, a NULLIFICATION of the act is the RIGHTFUL REMEDY:
>>>that EVERY "STATE" has a "natural right" in cases not within the compact, (casus non fœderis) to "NULLIFY" of THEIR >>>"OWN AUTHORITY" "ALL" assumptions of power by others WITHIN their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them:..."
In 1798, the Virginia (Only a half page long) and Kentucky Resolutions (only a page and a half), was established and agreed to by their state legislatures as well as all but one of states; and the "Alien and Sedition Acts" attempted to be imposed upon the states, and which was an UNDELEGATED ARROGATED Federal power NOT granted in the Original Constitution;
Was simply NULLIFIED; Which is the RIGHTFUL REMEDY.
IMPORTANT NOTE: That the "Ratifying and Amendment process" is not authorized by the Constitution as a means (for the federal "OR STATE" governments) to Arrogate New Powers upon the Federal Government outside the VERY LIMITED DELEGATED powers, in fact, it is EXPRESSLY PROHIBITED from taking "EVEN ONE STEP" outside the DELEGATED powers;
See the Virginia Ratifying Convention (link above) that presents this clearly. As Well as the Virginia and Kentucky Resolutions 10 years after the Constitution Reaffirming this Fact.
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