Nullification: Our Last Hope. Its History, How It Can Be Used Today, and How You Can Make It Happen

Transcription

1 Nullification: Our Last Hope Its History, How It Can Be Used Today, and How You Can Make It Happen

2 Brief Intro I am Shane Trejo, State Coordinator for the Michigan Tenth Amendment Center Graduated with a Bachelors in Arts from Michigan State University in 2011 Been organizing for nearly ten years since before the tea party era. Been promoting nullification for almost four years now.

3 History of Nullification It began after the Alien and Sedition Acts were passed by John Adams. James Madison and Thomas Jefferson rebuked these laws in 1798 and Wrote the Kentucky and Virginia Resolves. Both men expressed the opinions that states were duty-bound to resist unconstitutional acts and that the rightful remedy to tyranny is nullification.

4 History of Nullification Most admirable use of nullification: Fighting the Fugitive Slave Laws. In the 1800s, slavery was law of the land and enforced by the federal government. States attempted to jail fugitive slave catchers. This was deemed illegal by the Supreme Court that reaffirmed slavery in Prigg vs. Pennsylvania (1842)

5 History of Nullification However, the states were unwilling to accept the federal government's tolerance of slavery. Many northern states, including Michigan, passed personal liberty laws. These forbade all state officials from working to return captured slaves. This was enough of an impediment to stop the practice of returning runaway slaves to their so-called owners.

6 History of Nullification Many demagogues from the left and the right equate nullification with the confederacy. This is the opposite of what is true. The confederate states hated nullification and wanted a strong national government to enforce slavery. Jefferson Davis personally badmouthed nullification in his farewell address. South Carolina listed nullification amongst its grievances in its declaration of secession.

7 History of Nullification Demagogues try to equate nullification with slavery as well. They have to paint nullifiers as racists rather than address the historical facts. There is no link between nullification and slavery. Federal power was used to defend slaveowners' rights. Nullification was used to defend the rights of the slaves.

8 History of Nullification However, there is an instance of nullification being used in a racist way. This happened in the 1950s when southerners attempted to invoke nullification to keep schools segregated. Proves that nullification is only a just political tool in the right hands. The Tenth Amendment Center has model legislation on its website none of it to promote anything but liberty.

9 2 nd Amendment Preservation Act Stops all state-level compliance with unconstitutional federal gun control. If enacted in enough places, it makes a full-scale gun ban impossible. Cuts funding and support to officials who violate the ban.

10 Constitutional Tender Act Re-declares gold and silver as money Makes it so that all transactions with the state are handled in gold and silver. Creative way to introduce real money back into the economy. First step back toward gold standard.

11 Privacy Protection Act Creates some basic protections regarding unmanned aerial vehicles (drones) Stops government officials in the state from spying on residents without a warrant. We have a stronger bill that completely bans the use of drones by law ALERT: This bill is active in Michigan right now! enforcement as well.

12 4 Step Plan to Defeat Obamacare 1. Reject the Exchanges 2. Reject the Medicaid Expansion 3. Pass a Health Freedom Act or Amendment 4. Pass a Federal Health Care Nullification Act

13 th 4 Amendment Protection Act Denies material support and compliance to the NSA Stops intelligence gathered without a warrant from being used in criminal investigations in the state. Stops state participation in the 'Information Sharing Environment' and 'Centers for Academic Excellence' programs Punishes compliant corporations ALERT: This bill is active in Michigan right now!

14 th 4 Amendment Protection Act This has been our biggest success yet at least in terms of media coverage. Favorable reports across the board, even from the 'mainstream' media. This shows that the NSA scandals have really opened people's eyes like nothing before.

15 Legitimacy Why we have had success is because of the legitimacy of our ideas. The Supreme Court, while despicable, has affirmed the basis for much of our legislation. This makes it harder for people to rip our work apart. Much of what we do is based around the arcane legal concept of anti-commandeering.

16 Which Supreme Court Justice Said This? States are not mere political subdivisions of the United States... Whatever the outer limits of [state] sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program.

17 Anti-commandeering Doctrine The anti-commandeering doctrine says that the states cannot be forced to act against their will. The feds have tried to violate this, and SCOTUS rebuked them 4 different times. This can really trip the feds up on many important issues. If public awareness increases, this can be the feds' downfall. States are not mere political subdivisions of the United States... Whatever the outer limits of [state] sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program. - Sandra Day O'Connor New York vs. United States (1992)

18 Anti-Commandeering vs. Nullification Although we promote nullification, much of what we do is anti-commandeering. This is because you have to walk before you can run. Although we would love full blown nullification and interposition laws to be passed, it is not feasible right now. Because of the ambitiousness of the federal tyranny being put in place, anti-commandeering can be very effective.

19 Helping Activists In addition to creating the legislation, we also make it easy for activists to support it. We have a tracking and action center that aggregates up-to-date information about bills across the country. We also make pages for each bill that give instructions as to how to move them forward. This is how we live up to our name and act as the center for state and local resistance activity.

20 Our Effect We have been able to create coalitions without bending our principles. We can cut through the partisan divide by sticking to the issues. We have legitimate angles to attract the left and the right. We have the ideas to get people's minds off of Washington D.C and get them to devote their resources at the local and state levels.

21 Tenth Amendment Priorities in Michigan Agenda 21 Asset Forfeiture Privacy Rights Common Core

22 Make It Happen In Michigan!! Visit Our Website: michigan. tenthamendmentcenter.com LIKE us on Facebook: Search for Michigan Tenth Amendment Center FOLLOW us on It only takes a few dozen people to push legislation forward at the state level, even less at the local level. Your support could make all the difference!

23 Are they heroes? Kim Davis Cliven Bundy Ammon Bundy

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