Law Enforcement and Nullification

The following article courtesy of:

Christopher Bass
freedominitiatives.com

“Nullification is the key towards reasserting the fundamental liberties that our founding fathers fought so hard to preserve and instill in the United States Constitution. The U.S. Constitution is a compact between the sovereign States of the Union, outlining the limited powers of the federal government in addition to direct prohibitions on certain activities by the federal and state governments.

According to the Constitution, a bill must be approved by the House and the Senate and then signed by the President to become law. I think it is obvious that if a bill only got 49 out of 100 votes in the Senate, such bill cannot be enforced because such would violate the Constitution (oops I forgot about those pesky executive orders and signing statements). However, if the federal government violates the Constitution in other ways, such as by mandating a direct unapportioned tax (think Obamacare lack of insurance tax) the law is no more valid than if it failed to get a majority of votes in the Senate. Usually, for lack of knowledge by the people and a judiciary appointed by the federal officials they are supposed to be holding in check, Congress is allowed to get away with such lawlessness. This is about to stop because the people have been pushed too far by this corruption!

No peace officer, sheriff, or State government is obliged to comply with a federal law that violates the Constitution. This is why our elected officials, military, and police take an oath not to the federal government, the President, Supreme Court, or the Congress, but to the United States Constitution itself. States as sovereign entities can use their powers to prevent the enforcement of illegal statutes and executive orders in their states. Sheriffs, as the chief law enforcement officers of every county in the 50 states, have a duty not to allow such laws in their jurisdictions. Juries likewise have a duty to consider the Constitutionality of a law before they decide a case, despite what judges try to instruct them in the process of trying to herd them like cattle into a mindset that only the judge can read the law. The law was made for the people, and not for the exclusive use or understanding of judges or lawyers.

This is not anarchy or secession. This is the way our government was set up to work. This is the true system of checks and balances set up by our founding fathers. When the Alien and Sedition Acts which directly violated the free speech laws guaranteed by the U.S. Constitution, it was none other than Thomas Jefferson, the author of the Declaration of Independence, and James Madison, the one person most responsible for authoring the U.S. Constitution, who separately authored resolutions nullifying the Alien and Sedition Acts within two states via the Kentucky and Virginia Resolutions. The state legislators declared the law for what it was — unconstitutional, and such law was unenforceable in those states. In the Kentucky resolution Jefferson stated, that acts that seek to punish crimes exceeding the mandates within the enumerated powers “are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory.” To learn more about state nullification of illegal federal laws read Resist DC: A Step-by-Step Plan for Freedom.

The power of the county sheriff to act independently of dictates from the federal government has also been established by Supreme Court precedent -Prinz v. United States. Even below the sheriff, every law enforcement officer has his or her duty to God to obey the oath they took to defend the United States Constitution. I want you to think carefully about this — If every LEO took this oath seriously and lived and breathed the Constitution in its plain common man interpretation, we would have few worries on government tyranny. God is the ultimate judge, not the nine wearing black robes in D.C.

Perhaps the most powerful source of nullification is the jury itself. In reality, it is the one most pure defense against tyranny by the majority (embodied in the philosophies socialism and progressivism) as one person standing up for truth on that jury can upset the violation of rights by the majority. Jury nullification was highly prized at the foundation of our Constitution Republic with the first Chief Justice John Jay stating, “The jury has a right to judge both the law as well as the fact in controversy.” When the Fugitive Slave Law was enacted, it was juries refusing to enforce it recognizing it as a violation of God’s natural law that obviated the act. Supreme Court rulings such asUnited States v. Dougherty have upheld the right of juries to ignore the instructions of the judge; however, with such power being too much to put in the common man which the majority opinion couched in the fear of anarchy (freedom would seem like anarchy to the tyrants in charge today), the same decision held that the government has no obligation to tell juries of such power. It is time to change this by statute so every jury member understands his right to scuttle violations of the Constitution. It the government cannot get convictions from any jury of moral upright individuals dedicated to upholding true law, that law becomes completely useless. This government needs the sort of “jury lawlessness” which Dean Pound stated “is the greatest corrective of law in its actual administration. The will of the state at large imposed on a reluctant community, the will of a majority imposed on a vigorous and determined minority, find the same obstacle in the local jury that formerly confronted kinds and ministers.”

Eventually, we should be able to make it very difficult for any elected representative or candidate to claim ignorance regarding the Constitution and Nullification.  From that point all We the People need to ask any potential candidate is will you support Nullification?  This should give We the People all we need to know at the voting booths.

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This entry was posted on Friday, October 1st, 2010 at 1:59 am. It is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed.