U.S. CONSTITUTION—ARTICLE V1—CLAUSE 2:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof, and all Treaties made, or which shall be made, UNDER THE AUTHORITY OF THE UNITED STATES, shall be the supreme law of the Land, and the Judges in every State shall be BOUND THEREBY, any Thing in the Constitution or Laws of any State to the Contrary, notwithstanding.” (Emphasis mine—whl).
There’s an old “tool” hidden in the above Clause 2 of Article V1—IT’S A POWERFUL TOOL CALLED NULLIFICATION! It doesn’t require another amendment to our constitution. It sure doesn’t require some long, drawn out, very controversial, and DANGEROUS, constitutional convention triggered by Article V and its gullible “Convention of States” crowd. The principle of “nullification” that our State lawmakers could---and must---use to enforce our constitution has always been there, incorporated in that document from the beginning by our very wise Framers.
Consider, if you will, all of the vast number of UNCONSTITUTIONAL actions, laws, proposals, programs, and spending schemes that have oozed out of Congress and out of the Executive branch of “our” government over just the past 100 years, let alone going back almost to our founding decade, when the first big spenders began to crawl out of the Capital’s woodwork, and soon thereafter the first ORGANIZED resistance against adhering to and defending our 1787 Constitution began to take shape. I think that it is high time that our STATE LEGISLATORS utilize the tool called “nullification” that the Framers included in the 1787 Constitution. For example, we all know—or at least those of us who are not brain dead know—that in the first year of Comrade Biden’s crooked, corrupt, and totally sleazy administration, and without any required congressional authorization, he proposed or actually implemented many actions that are so blatantly unconstitutional or are contrary to congressionally enacted laws, that to deny this reality is to be purposely blind!
What about those blatantly unconstitutional and ILLEGAL “vaccine” mandates? What about the ridiculous and useless mask mandates that we’ve all been suffering with and ignoring as much as possible? What about all of those unconstitutional regulations/rules, etc. on who can fly on public aircraft and who can’t? What about Comrade Biden’s admittedly unconstitutional “eviction moratorium” for those who can’t, or more likely won’t, pay their rent? What about the totally destructive mandates/policies/regulations, etc. that encourage hordes of disease-ridden, poor, and sometimes dangerous criminal and terrorist invaders to enter our country totally ILLEGALLY? What about--------well, I’m sure you could name several unconstitutional actions/policies/regulations, etc. that “our” elected loonies in D.C. have pushed onto the American people over many decades, totally ignoring CONSTITUTIONAL MANDATES that our Framers included to protect our citizens.
Even as I write this the forces of destruction known as The Klan of New Bolsheviks, lurking in their dens of corruption in D.C., aided and abetted by cowardly RINOS who love to assure us how much they love and respect our Constitution (hint: they DON’T), are doing their best to pass more legislation that will totally trample on the clear meaning of our Framer’s words, including new “gun control” (i.e. gun confiscation) legislation, the phony “Build Back Better” Act, originated in the Marxist/collectivist twisted minds of those who worship big government in the United Nations Organization, fully supported by the Neo-Nazi/Fascists of the World Economic Forum under its head fascist, Klaus Schwab, and not to be overlooked---the hordes of anti-election integrity legislation being pushed to attack and destroy the election laws of our States. ALL unconstitutional. ALL threats to our long-term liberties. ALL pushed by disgusting collectivists who despise the very concept of limiting government power, and who surely despise our original Framers and the unique document they hammered out in that muggy Philadelphia summer of 1787.
Under Article V1 of our Constitution, STATE LEGISLATORS have a duty to NULLIFY ALL OF THESE UNCONSTITUTIONAL ACTIONS (although they never seem to rise above their ignorance and/or their cowardice in order to use the power they have). Article V1 makes it quite clear that, “This Constitution and the Laws of the United States which shall be made in Pursuance thereof…SHALL BE THE SUPREME LAW OF THE LAND” (emphasis mine—whl). As an example of the “nullification” I’m talking about, our various State legislatures can pre-nullify any pending federal legislation—such as pending bills on gun control, on changing State election laws, about environmental extremism, that are currently being pushed by leftist snakes in Congress. State legislators could pass legislation that would assure that these federal edicts can’t and won’t be enforced in their states if the collectivist connivers in D.C. enact them. Actually, State legislatures, supported by stalwart and constitutionally minded governors can, and must, NULLIFY all of Comrade Biden’s ridiculous and stupid mask and vaccine mandates, if they haven’t already done so.
Frustrated Americans constantly ask themselves what can they do to rein-in—to tame—our profligate, out-of-control federal government? The first and most important step is to educate yourself regarding the extent of the problem, and then do all you can to educate other concerned patriots---especially our State and federal legislators—about our present, but increasingly ignored, constitution. As Mitchell Shaw reminded us in the August 29, 2018 issue of The New American magazine, in his article titled, Who’s Behind a Constitutional Convention?, “As long as the American people accept—whether out of ignorance or apathy—the status quo of elected officials ignoring constitutional boundaries, the problems will only get worse. By taking the time to understand constitutional principles and meeting—either in groups or one-on-one—with your state legislators and congressmen you can be part of a real solution that restores the Constitution to its proper place.”
To reiterate what I’ve been writing about in these four articles about “A Trojan Horse Stalking America”, the American people must demand that our State legislators, particularly, realize that the main solution to the problem of out-of-control federal spending IS ARTICLE V1 of our constitution, NOT Article V. If Article V1 would be applied as our Framers intended, this would work miracles in bringing to a screeching halt our federal “beast” that has long ago overrun all of the constitutional boundaries established by our wise Framers. Article V created a constitutional AMENDMENT process designed to “correct errors or weaknesses” in our constitution that arose after its ratification. However, as I have tried to argue, such a CON CON could totally obliterate our present constitution and replace it with another brand new ruling document. Article V1, however, was designed to ADDRESS WEAKNESSES OR ERRORS IN THE CHARACTER OF OUR ELECTED OFFICIALS! It plainly states that the Constitution and laws made in pursuance thereof are the SUPREME LAW OF THE LAND, and creates a constitutional oath to be taken by all public servants. Most importantly, Article V1 CREATES A DUTY TO REJECT AND OPPOSE ALL VIOLATIONS OF OUR CONSTITUTION!
I leave you with more wisdom from Mitchell Shaw, from the article mentioned above, “Finally, in harmony with Article V1, the 10th Amendment allows state legislators to nullify all unconstitutional laws, since they are not valid in the first place. In ‘United States v. Sprague (1931)’, the Supreme Court stated: ‘The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.’
“If the ‘leaders’ of the push for a constitutional convention were truly interested in saving our constitutional republic, they would be working to see Article V1 and the 10th Amendment applied. Instead, they claim—despite the clear language of those parts of the Constitution—that neither will do the job, preferring to push for a dangerous convention that could undo what liberty and rights Americans have left.”
Our Constitution’s Framers made it perfectly clear that they considered their finished product to be suitable ONLY for a moral and religious people, for these were the citizens who would be more likely to both understand and practice the concept of self government. However, most of them being practicing Christians, they understood the tendency of mankind, well-proved over history, toward moral DECLINE which, fortunately for those of us alive today, prompted them to insist and enact the judicious and focused rule of law in their new Constitution, rather than encourage mob rule by setting up a Greek-style “democracy”. We should never stop thanking our Heavenly Father that He directed our Founders AWAY from “pure democracy” and into a “constitutional republic”. As Thomas Jefferson so wisely put it, in the Kentucky Resolutions of 1798, “In questions of power then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”
And that is what our Framers did in that hot, muggy summer of 1787 in Philadelphia—they “chained the future” from much ‘mischief’ by our Constitution which, imperfect as it might be, has worked reasonably well for over 230 years and, IF we can rescue it from the ravages of people who have surreptitious “agendas” hidden in their minds, will continue to serve us equally well. In a soon-to-be-released article by Bill Hahn, CEO of The John Birch Society, he writes: “Examples of what did conquer tyranny include state governors and legislatures pushing back (i.e. ‘nullifying’) against federal mandates…; (they) took government usurpers to court, while local officers…(e.g. sheriffs, country boards, city councils, prosecuting attorneys, mayors, etc.) REFUSED to enforce mandates and lockdowns… These examples display the direct responsibility and correct line of action our Founders expected: THE POWER TO USE NULLIFICATION (emphasis mine-whl).
And THAT is what “nullification” is: the LEGAL GUARANTEE THAT STATE AND LOCAL GOVERNMENTS HAVE THE POWER TO INVALIDATE ANY FEDERAL ACTIVITY OR LAW THAT VIOLATES THE U.S. CONSTITUTION, the “supremacy clause” and SCOTUS rulings to the contrary notwithstanding. All they need is the COURAGE AND DETERMINATION to do so! To me this makes much more sense than the agenda being pushed by a single-issue organization like COS that a new “balanced budget” amendment pushed by a constitutional convention would solve the problem. If our state lawmakers would have the courage to use Article V1, they’d solve most of the problem. However, THAT requires dedication and adherence to their constitutional oath, both of which seem to be in short supply nowadays!