NULLIFICATION
By Michael
Connelly
MichaelConnelly.Jigsy.com
There seems to be no end to what Obama will when it
comes to issuing illegal and unconstitutional
Executive orders and government agency actions. In
addition to bypassing the specific Constitutional
provision that gives the U.S. Congress exclusive
control of naturalization and immigration laws, our
dictator in chief has gotten the EPA to issue new
and more onerous regulations on our energy industry,
had the FCC proceed to take control of the Internet,
have the BATF ban certain types of firearm
ammunition, and change the legal definition of
mental illness. This is obviously just the beginning
and with most of the Democrats in the Senate
behaving like good little drones and marching in
lockstep with him the Congress seems powerless to
stop him.
We
have some successes in the Courts such as the recent
decision by a Texas Federal Judge declaring the
amnesty order unconstitutional, but Obama has shown
his willingness to ignore this separate but equal
branch of the Federal government also. That is
exactly what happened with the FCC action on the
Internet which was done despite the fact that the
U.S. Supreme Court has clearly ruled that the FCC
has no legal authority to regulate the Internet.
There is no question that we at the United States
Justice Foundation we will continue to wage court
battles at every level, and we all must keep the
pressure on Congress to do what it can. However, we
are fighting for the very survival of our freedom so
I think we need to take our battle to a new level.
We need to follow the path of our founding fathers
and start using nullification to stop the advance of
tyranny.
The
Declaration of Independence is clear in its language
when it states: “We hold these truths to be
self-evident, that all men are created equal, that
they are endowed by their Creator with certain
unalienable Rights, that among these are Life,
Liberty sand the pursuit of Happiness.-That to
secure these rights, Governments are instituted
among Men, deriving their just powers from the
consent of the governed, - That whenever any Form of
Government becomes destructive of these ends, it is
the Right of the People to alter or to abolish it,
and to institute a new Government laying its
foundation on such principles and organizing its
powers in such form, as to them shall seem most
likely to effect their Safety and Happiness.”
The
Declaration goes on to enumerate the offenses
committed by King George that justify the action
being taken. I encourage everyone to go back and
read the Declaration. You will find that many of the
things happening to the American people under the
control of King George are remarkably similar to
what is happening now under King Obama.
The
Declaration of Independence is the ultimate act of
nullification. It clearly states the fact that
Americans are not subjects, but a free people and we
control the government, it does not control us. The
Constitution was designed to form a government with
limited powers and the Bill of Rights was passed to
make it clear that there were rights that belonged
to the people and the states and were not subject to
government interference.
Now
it is time for we the people to take back our
country by getting our state and local governments
to stand up to the Federal government and say that
they will not allow the enforcement of
unconstitutional laws, rules, or regulations in our
states, counties, or cities. One of the key elements
in this requires our demanding that our elected and
appointed government officials abide by their oath
of office that requires them to protect and defend
the Constitution of the United States.
I
work with one group that is already making this
happen. The Constitutional Sheriffs and Peace
Officers Association (CSPOA) run by former Arizona
Sheriff Richard Mack has adopted a resolution that
says that its members and signers of the resolution
will not enforce unconstitutional laws in their
jurisdictions and will not allow Federal officers to
enforce the laws. Last year I posted an article
titled “A Line in the Sand” on my blog detailing
this action and providing the following link to the
declaration
http://cspoa.org/cspoa-jan-2014-resolution/
Everyone reading this should send a copy of
this resolution to local law enforcement leaders and
encourage them to make the commitment to uphold the
Constitution.
Another form of nullification is jury nullification.
The founding fathers wanted to protect Americans
from the excesses of corrupt judges appointed by the
King that would ignore the law and convict people of
crimes that they had not committed or that were not
crimes at all. Therefore the founders set up the
jury system and implicit in that process is the
ability of the jury to make the determination of
guilt or innocence. If a jury believes the
government is trying to convict someone under a law
that is unconstitutional they can vote to acquit
despite what the judge may instruct them to do.
With
Obama and his fellow elitists working hard to push
“political correctness” to the point that the
exercise of freedom of speech, freedom of religion,
freedom of the press, and the right to keep and bear
arms become criminal acts, jury nullification will
become increasingly important. Tyranny can only be
defeated if we the people follow the example of our
founders and stand up to a runaway and lawless
government.
Michael Connelly