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Friday, February 3, 2012
Brasscheck: The nullification of non-Constitutional laws (movie, nullification, Tenth Amendment Center, The Rightful Remedy)
Lisbon,
Not long ago, we posted on Rhode Island being the first State to
rebel against indefinite detention, well, since then the State of
Washington is now considering a bill the would disallow any
cooperation with such activities by the federal government or
military in their State.
State nullification is the idea that the States can and must refuse
to enforce unconstitutional federal laws.
"Nullification: The Rightful Remedy" is a documentary film, coming
out next week, which elaborates on the States Tenth Amendment right
to reject unconstitutional federal laws.
Here's a preview of the film and links to learn more...
Video:
http://www.brasschecktv.com/page/9260.html
Goodman Green
- Brasscheck
Nullification: The Rightful Remedy
a documentary film
What is Nullification?
nullificationmovie.com
What Is It? State nullification is the idea that the states can and must refuse to enforce unconstitutional federal laws.
Says Who? Says Thomas Jefferson, among other
distinguished Americans. His draft of the Kentucky Resolutions of 1798
first introduced the word “nullification” into American political life,
and follow-up resolutions in 1799 employed Jefferson’s formulation that
“nullification…is the rightful remedy” when the federal government
reaches beyond its constitutional powers. In the Virginia Resolutions of
1798, James Madison said the states were “duty bound to resist” when
the federal government violated the Constitution.
But Jefferson didn’t invent the idea. Federalist supporters of the
Constitution at the Virginia ratifying convention of 1788 assured
Virginians that they would be “exonerated” should the federal government
attempt to impose “any supplementary condition” upon them – in other
words, if it tried to exercise a power over and above the ones the
states had delegated to it. Patrick Henry and later Jefferson himself
elaborated on these safeguards that Virginians had been assured of at
their ratifying convention.
What’s the Argument for It? Here’s an extremely basic summary:
1) The states preceded the Union. The Declaration
of Independence speaks of “free and independent states” that “have full
power to levy war, conclude peace, contract alliances, establish
commerce, and to do all other acts and things which independent states
may of right do.”
Article II of the Articles of Confederation says the states “retain
their sovereignty, freedom, and independence”; they must have enjoyed
that sovereignty in the past in order for them to “retain” it in 1781
when the Articles were officially adopted. The ratification of the
Constitution was accomplished not by a single, national vote, but by the
individual ratifications of the various states, each assembled in
convention.
2) In the American system no government is
sovereign. The peoples of the states are the sovereigns. It is they who
apportion powers between themselves, their state governments, and the
federal government. In doing so they are not impairing their sovereignty
in any way. To the contrary, they are exercising it.
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