Nullification is a Natural Right & the Rightful Remedy for Unconstitutional Laws

Freedom Outpost

What did our Framers really say we must do when the federal government usurps power?

 

They never said, “When the federal government ignores the Constitution, amend the Constitution.”

They never said, “File a lawsuit and let federal judges decide.”

Instead, they advised two manly remedies. We’ll look at one of them – nullification – in this paper. ¹

First, let’s look at the Constitution we have.

Our Federal Government has Enumerated Powers Only

With our federal Constitution, we created a federal government. It is:

• A federation of sovereign States united under a national government ONLY for those limited purposes itemized in the Constitution;
• With all other powers reserved by the States or the People.

We listed every power we delegated to the federal government: Most of the powers delegated over the Country at large are listed at Article I, §8, clauses 1-16.

Nullification in 2011!

CFP

The great issue of our times is the same great issue of the 1830s. The question is whether Congress can pass legislation or the President issue executive orders that are not authorized by or consistent with the Constitution?

The federal government is a republic composed of separate and sovereign republics.

What recourse do the States have individually and in combination when the central government acts in a fashion that is contrary to the limits and enumerated powers of the Constitution?

The answer, other than an appeal to the courts, is nullification. This term is defined as the assertion that States can and should refuse to enforce unconstitutional federal laws.

This is no trifling matter.