Standing Up To UnConstitutional Acts: It’s Happening Now
Upcoming SlideShare
Loading in...5

Standing Up To UnConstitutional Acts: It’s Happening Now



Imagine this nightmare scenario.

Imagine this nightmare scenario.



Total Views
Views on SlideShare
Embed Views



0 Embeds 0

No embeds



Upload Details

Uploaded via as Adobe PDF

Usage Rights

CC Attribution-NonCommercial LicenseCC Attribution-NonCommercial License

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
Post Comment
Edit your comment

    Standing Up To UnConstitutional Acts: It’s Happening Now Standing Up To UnConstitutional Acts: It’s Happening Now Document Transcript

    • Standing Up To UnConstitutional Acts: It’sHappening NowBy Michael BoldinFebruary 12, 2013Imagine this nightmare scenario.In the not-too-distant future, Congress passes adraconian, UK-style ban on all weapons. Or,maybe the Senate does it through aninternational treaty. Or, instead of Congress,maybe the President follows in the footsteps ofFranklin Delano Roosevelt, who whipped up anexecutive order requiring people to turn in theirgold.The method wouldn’t really matter. The endresult would easily be one of the greatest attackson liberty in American history.States Nullify Federal Gun BanNow imagine a response to suchunConstitutional Federal acts in this nightmarescenario. Your State legislator proposes a bill foryour State that reads something like this:A. This legislature declares that all Federal acts,laws, orders, rules or regulations regardingfirearms and ammunition are a violation of the 2nd AmendmentB. This legislature declares that all such acts are hereby declared to be invalid in this State, shall not berecognized by this State, are specifically rejected by this State, and shall be considered null and voidand of no effect in this State.C. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may benecessary to prevent the enforcement of any Federal acts, laws, orders, rules, or regulations in violationof the 2nd Amendment to the Constitution of the United States.ObjectionsIn response, you’d certainly hear things like this: • A State can’t nullify a Federal act! • The Constitution says that all Federal laws are supreme. • Even James Madison opposed nullification.Each of these objections, and others, could easily take a full article — or two — to dismantle. So, I’llbe brief before moving on the main goal here.Article VI of the Constitution says that Federal laws are only “supreme” when made “in pursuance of”the Constitution, not any old law as the lovers of power would like you to believe.
    • As far as the Supreme Court goes? Let me say thisclearly, those nine justices aren’t infallible gods.And they certainly aren’t the final arbiter of whatthe Constitution means.The bottom line is straightforward, and my mainpoint, too — the Constitution means what theFounders and Ratifiers told us it means, no matterwhat the Congress, the President or the SupremeCourt happen to say or do.UnConstitutionalWhen FDR ordered you to turn in your gold, it wasunConstitutional the moment he signed it.When Bill Clinton signed the Assault WeaponsBan, that was unConstitutional as well.George Bush violated the Constitution the momenthe signed the USA PATRIOT Act and expandedFederal control over healthcare with Medicare PartD.Barack Obama violated the Constitution with an undeclared war on Libya, the Affordable Care Act,NDAA “indefinite detention,” and more.The sad fact is this, every Congress and every President has violated the Constitution. As the years goby, those violations get worse and more frequent.What To Do? Back to our nightmare scenario. Your State legislator gets massive support for the bill nullifying Federal gun laws. It passes by a wide margin and is signed into law. It creates a ripple effect. Soon, another State follows, passing a similar law. And then another. In no time, the number reaches as high as 14. In those States, gun shops stay open, people continue to keep and bear arms. A vast majority of them do so without any trouble. Federal officials make threats. The DOJ issues a warning: States “cannot nullify an act of congress.” The Department of Homeland Security threatens to shut down air travel in States that refuse to comply. The President says he could designate gun shop and firearms owners as agents providing material support for terrorism and subject them to indefinite detention under the NDAA. Mostly just tough talk. Sadly, the Bureau of Alcohol, Tobacco, Firearms and Explosives conducts some high-profile raids. They shut down a
    • small number of businesses; some people losetheir liberty. But the Feds lack the manpower tohandle it all.So, when one city alone reaches a point wheremore than 1,000 shops are conducting business,selling guns in open defiance to the Federalban, people start to realize that mass resistanceleads to the desired end result: a nullification ofthe unConstitutional Federal act.Happening TodayWhile that particular nightmare scenario isn’tjust happening yet, we’ve certainly been in anightmare scenario in this country for a long,long time.We have a Federal government that hates theConstitution. It hates your liberty and no matterwhat political party is in power, or what personoccupies the White House, their power alwaysgrows and your liberty is always less.We have a government that claims the power to tell you what size toilet you can have, and what kind oflight bulb you can buy. It claims the power to throw you in jail for growing a plant in your backyardand it will tax you for — doing nothing. On top of it all, they claim the power to arrest and detain you— forever. That’s kidnapping.But, that hypothetical response – legislation to ban and nullify Federal gun laws — it’s not hypotheticalat all. Currently, there are more than 15 States considering legislation to nullify Federal attacks on theright to keep and bear arms. Take this excerpt from Missouri’s HB436, for example:All federal acts, laws, orders, rules, and regulations, whether past, present, or future, which infringe on the people’s right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and Article I, Section 23 of the Missouri Constitution shall be invalid in this state, shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state. Or this, from Utah’s HB114: An official, agent, or employee of the federal government may not enforce or attempt to enforce any act, law, order, rule, or regulation of the federal government upon a personal firearm, a firearm accessory, or ammunition owned or manufactured commercially or
    • privately in this state while it remains exclusivelywithin this state. Violation of this Subsection (2)is a third degree felony. Or, on another issue,there’s HB2161 in Kansas, which would chargeFederal agents who attempt “indefinitedetention” with kidnapping. This could mean 20years in prison and $300,000 fines.Names, Names!In 1798, Thomas Jefferson called this“Nullification,” and James Madison called it“Interposition.” Madison supported these viewsin his “Report of 1800.” Later, he flip-flopped.For a while, he was even saying that Jeffersonnever used the word nullification. But, when acopy of the original Kentucky Resolutions inJefferson’s own handwriting turned up, completewith the word “nullification,”Madison wasforced to retreat.And, even when Madison changed his mind on nullification in response to South Carolina’s version ofit in the 1830s, he didn’t reject the notion of nullification as our story’s heroic State legislator hascarried it out. In fact, Madison advised it.He told us that when attempts to stop “usurpations of power” failed through the courts, the electiveprocess, and even amending the Constitution, it would be a natural right for a single State to “rally toits reserved rights…and to decide between acquiescence & resistance.”Today, people are using these principles right now on a wide range of issues, and their successes aregrowing by the year.Call It What You WillThe fact is this: the Federal government doesn’t have the manpower to stop us. When enough peoplestand up and say NO to the Federal government – and enough States and local communities pass lawsbacking them up — there’s not much that the Federal government can do to force their unConstitutionallaws, regulations… or mandates… down our throats.Me? I call that kind of resistance “nullification.” But, I don’t care if you do too. You can call itdefiance, civil disobedience or anything else you want. You can call the State acts Personal LibertyLaws or 2nd Amendment Preservation Acts. Refer to them as a reserved right, like Madison did, ornullification like Jefferson did.It doesn’t really matter what words you use. What matters is what you do. Like Sam Adams leading thecharge to nullify the Stamp Act, or States that pushed back against unConstitutional slave-catchinglaws, what matters most is what we do with our short time on earth.For me, I’ll stand with liberty. I hope you’ll join me.