State Nullification or Interposition, The War for Liberty
“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master. Experience has taught us that it is much easier to prevent an enemy from posting themselves than it is to dislodge them after they have got possession, and when the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.” ~ George Washington
Since the beginning of time, humanity has warred to be free. In 1215, the Magna Carta established the first written agreement between a sovereign and it’s people. English barons were grieved by the tyrannical actions of King John. These free men, (barons or land owners) threatened insurrection and civil war unless the king agreed to 3 basic principles, no new taxes unless a common counsel agreed, all free men had the right to justice and a fair trial by jury and the monarch didn’t have absolute power. This was the first written document (law) to guard God-given rights and property. Up until this time the monarch had exercised absolute power. Throughout history, royalty exercised this absolute power by a practice known as, “Divine Right of Kings”. They believed since God placed individuals on the throne, it was their right to exercise this divine power providing them a god-like status, dictating their will or oppression on their subjects.
Many say history repeats itself. Our Founding Fathers understood these repeating cycles of oppression. They understood the nature of God, man, and government. God is perfect and Supreme. His precepts and laws are good for man. Man is in a fallen state and he has an innate desire to rule over his fellow man and he will use government to fulfill that mission. Have we entered a time or cycle of tyranny that has plagued mankind in previous generations? Take a shot or loose your job, mandatory lock downs, stolen elections, (taxation without representation), political persecution if you are Christian or a Constitutional Conservative. This is just the tip of the iceberg of the changing political climate in our nation. Our nation is at a crossroads of what our future entails. We have an adversary that wants to destroy our liberty, our sovereignty, our Constitution. President Trump has stated, these people are not after him, but after us, he is just in their way. We are presently living in that history, we are writing our story. Are we experiencing what Washington described as a, “fearful master”. Our actions today will effect generations to come, our posterity. There are many strategies and mechanisms to guard, preserve and recapture these rights and liberties that we have forfeited over several generations by not being mindful or taking action against an overreaching, onerous and tyrannical government. I’d like to discuss one of the most powerful underutilized tools, “we the people” can exercise, Nullification or Interposition. If we will elect legislators who have the courage to take bold stands, we can overcome most of the unconstitutional dictates, laws and regulations that plaque our state and protect our God-given liberties.
Have you heard of “The Principles of 98”? In 1798, Congress passed a law known as the Sedition Act, which was clearly unconstitutional. This law imposed fines and/or prison on individuals found guilty of speaking, publishing or assisting in the printing of false, scandalous and malicious information against the U.S. Government or it’s legislating agents. Do the terms, “Fake News or Truth Czar” ring a bell. In high school we were taught the concept of checks and balances within the 3 branches of federal government. These three branches of federal government were given their unique responsibilities of sharing power and neither dominating the other. This is referred to as “horizontal checks and balances”. What we were not taught but was just as valid and essential to our founding fathers is “vertical checks and balances”. This is the structure of the state balance of power with the federal government. I want to emphasize here, this underutilized sharing of authority is just as essential and valid as the federal division. Remember the original authority, “The States and People relinquished “Their” authority, bequeathing this to another entity, the Federal Government, 18 Enumerated powers, Article I, Section 8 of the U.S. Constitution. “We the People” relinquished to the States and the States to the Federal, but remember, it originated with Us, The People. These rights are inherent, God-given. The Principle of 98 originated from Madison and Jefferson in the Kentucky and Virginia Resolutions of 1798. These are the principles of state nullification or interposition that assert that if the federal government fails to check itself through one of its three branches, then it would be up to the states to rein in the feds.
The resolutions declared that the Constitution was a “compact.” That is, it was an agreement among the states. The federal government had no right to exercise powers not specifically delegated to it; should the federal government assume such powers, its acts under them would be void. Thus it was the right of the states to decide as to the constitutionality of such laws passed by Congress.
Why did the founding fathers constrain the power and influence of a central government to 18 enumerated powers in the constitution? And why did they vigorously design with vertical and horizontal checks and balances? They understood that a central government without chains would amass power and limit or eliminate the freedoms of its citizenry and place burdensome or onerous requirements on them.
In what condition do we find ourselves almost 250 years after our founding? Have the fears of Madison and Jefferson of an onerous central government developed even with the constraints placed on government by our founding documents? How much larger and omnipresent can our central government become with over 2 million bureaucrats meddling in every aspect of our lives, wanting to know and track our every move, taxing every transaction and squashing small business with penalizing regulations and taxes. The federal government is the largest employer in the United States. We continue to lose private sector jobs due to government hoarding of capital and meddling in the affairs of industry as it continues to expand its ever-encompassing sphere. We have a federal government out of control, spending and squandering our children and grandchildren’s futures. How will our children pay for the $200 trillion of Social Security and Medicare obligations and also pay back the 33 trillion plus interest that we will owe at the end of this fiscal year? I have asked this question many times. What is the solution to the majority of our nation’s problems? It’s reigning in the federal government and returning to our constitutional origins. It is the power of the 10th Amendment and nullification. Telling the federal government, “if you pass a law that is unconstitutional or issue an executive order, we will not comply; we the state will hold our tax dollars until you obey the law of the land, the U.S. Constitution”.
“Whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.” ~ Thomas Jefferson
The balance of power has been lost throughout our history. We can and will reclaim our heritage and freedom. It is time to elect state officials that will be like our courageous Founders, standing against an oppressive king. We must return the, “authority and voice of the people” to it’s original owners. These forfeited rights are, “ours”, not governments. I ask you to read the, “Declaration of Independence and the U.S. Constitution. Familiarize yourselves with these two documents. The Declaration articulates the grievances of the colonists and lays out the validity for independence. The Constitution is the, “law of the land”. How can we govern ourselves if we do not know or understand what authority we possess and what the supreme law states?
“Honor, justice and humility call upon us to hold and to transmit to our posterity, that liberty which we received from our ancestors. It is not our duty to leave wealth to our children; but it is our duty to leave liberty to them.” John Dickinson 1774, Founding Father, Pennsylvania
Our colonial ancestors and Founding Fathers bequeath liberty to us. What you do today will affect generations to come. You are not only writing your story, but you are also writing theirs. What will their story entail?
“The issue today is the same as it has been throughout all history, whether man shall be allowed to govern himself or be ruled by a small elite.” ~ Thomas Jefferson
In liberty,
Wayne
Wayne Hill
OKGOP Vice Chairman
OK2A State Chapter Director
Editor’s note: Please welcome Wayne Hill as an author on OKGrassroots. We look forward to more articles from him in the days ahead!
Originally shared via OKGrassroots.com
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