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Wednesday, February 8, 2012

States Nullification Can Stop Unconstitutional Federal Laws

How many of you are familiar with the term ‘state nullification’?
Basically, state nullification is the power of the states to refuse to enact any federal law that is unconstitutional.
It is based upon the facts that the states existed prior to the Union, the people and not the government is sovereign.  Since the people are the ones that are sovereign, they hold the power to restrain the federal government when it is determined that the federal government’s actions are dubious or unconstitutional.
The last paragraph of the Declaration of Independence states,
“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they 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. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”
Please take note of the bolded line and the power it gives the states.
In 1791, Congress ratified the adopted the Bill of Rights which contained the first ten amendments to the US Constitution.  The Tenth Amendment reads,
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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