Support Nullification to Enforce the Constitution
With far-left Democrats controlling Congress and the White House, the federal government has accelerated its implementation of unconstitutional and socialist policies, as evident by the passage of the radical so-called "Inflation Reduction Act."
Patriots must not give up, however, as there remains much that they can still do to save our Republic and counter these radical policies. The most powerful of these tools is nullification.
Nullification is firmly grounded in the text of the U.S. Constitution, specifically Article VI. It states: “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 added). This clearly implies that laws not in accordance with the Constitution are null and void.
Additionally, the 10th Amendment makes clear that all powers not granted by the Constitution to the federal government are reserved to the states and to the people. By enforcing this important constitutional provision alone, the states can push back against a significant portion of federal overreach.
In addition to being constitutionally sound, nullification is effective. As The John Birch Society notes, at least 80% of the federal government is unconstitutional. Additionally, nullification would have an immediate effect and is not dependent upon approval by the federal judiciary. Thus, unlike inferior and more risky methods such as an Article V convention, nullification can immediately push back against significant portions of the federal government.
There is much that state legislatures can and should do. The article “Nullification: What State Legislatures Are Doing,” published in the March 22, 2021 edition of The New American outlines some of the bills state legislators should be considering and passing:
- Comprehensive nullification, to create a formal process for systematically reviewing all federal actions and nullifying them if found unconstitutional. Model legislation includes HB 1215 in Texas and HB 256 in Wyoming.
- Stop unconstitutional federal spending, and protect against federal financial retaliation, by passing a State Sovereignty and Federal Tax Funds Act, which would require that all federal taxes are first sent to the state. A panel of legislators would then assess the percentage of the budget that is constitutional and send the federal government only that percentage of funds. Model legislation can be found here.
- Nullify the unconstitutional and unaccountable Federal Reserve. Multiple methods exist to do this, including enforcing the Constitution’s Gold and Silver Clause (Article I, Section 10), ending taxes on gold and silver, and creating a state gold depository.
- Gun control nullification, to prohibit enforcement of all federal actions that violate the Second Amendment’s prohibitions on gun control. Model legislation includes SF 81 in Wyoming, SB 298 in Arkansas, and SB 59 in Arkansas.
- Nullifying unconstitutional federal court rulings. This applies for any ruling, whether at the Supreme Court or a lower court. (Prior to its overturning, states had the ability to nullify Roe v. Wade and thus protect the right to life; model legislation included HB 2877 in Arizona.)
- “Defend the Guard” legislation, which would prohibit foreign deployments of state National Guard units if it violates Article I, Section 8, Clauses 11 and 15. Model legislation includes HB 1163 in Florida.
- Legislation to nullify unconstitutional presidential executive orders. Model legislation includes SB 277 in Montana and HB 1236 in Oklahoma.
Nullification is not limited to the above topics. State legislatures can, and should, pass legislation to counter any federal government policy that violates the Constitution.
It is imperative that state legislators ensure the legislation they pass is effective, practical, and enforceable. Make sure your legislators do not water down nullification legislation. Also, begin calling and meeting with them now — don’t wait for the next legislative session to inform them about how they can enforce the Constitution.