More on the State Nullification Reaffirmation Act

FRAMERS OF INITIATIVE INTRODUCED LAST WEEK EXPOUND AND TAKE QUESTIONS

by JB Williams, Co-Founder, U.S. Patriots Union

The First through Tenth Amendments are contained in the Bill of Rights, which preceded the ratification of the U.S. Constitution

(Jan. 17, 2011) — Due to a broad-based false assumption and assertion of supreme federal power subscribed to by all three branches of the U.S. Federal government today, but denied via the confines of the compact with the states and the people known as the U.S. Constitution, we assemble today to introduce a state-by-state measure designed to return the power of governance to its constitutional place, the individual states and the people of the United States, recognizing the enumerated powers delegated to the U.S. government in Article I – Section 8 of the Constitution.

Unlike the symbolic Tenth and Second Amendment Resolutions passed by numerous states over the last two years, which reclaim but fail to reassert the rights of the individual states and the people, this State Nullification Reaffirmation Act aims to return constitutional power to the states by providing each state a streamlined mechanism by which to nullify any federal legislation, mandate or executive order which the state in its sole discretion, determines to be beyond the constitutional scope and enumerated powers delegated to the United States government via the U.S. Constitution, in accordance with the Tenth Amendment which states unequivocally –  “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The State Nullification Reaffirmation Act establishes state power and methods by which each state can self-regulate and govern, forcing the federal government to live within the confines of delegated powers enumerated in Article I – Section 8 of the U.S. Constitution.

We proclaim that these measures are unfortunate, but necessary today, as the federal government acts at odds with the will of the vast majority of the people and the states with increasing regularity and without regard for that will, and offering no reasonable venue for redress from the people or the states.

We are lobbying numerous State legislators in every state, seeking leaders willing to stand with the people on behalf of the people and their states, and nullify any and all federal abuses of power emanating from the three branches of the federal government today.

In this model bill are the following state powers;

  • Reclaims and reasserts both Ninth and Tenth Amendment Rights
  • Provides the Constitutional grounds for state nullification power
  • Defines “constitutional” as the powers delegated and enumerated in the Constitution
  • Rejects all “unconstitutional” acts by the federal government
  • Addresses abuses via the commerce clause, necessary and proper clause, and general welfare clause
  • Requires that all federal actions pass US and State Constitutional muster
  • Rejects abusive judicial law making practices via precedent and procedure as without authority
  • Establishes a state Constitutional Review commission to recommend case-by-case nullification
  • Establishes rules and time limits in which the state must nullify upon determination of unconstitutionality
  • Reaffirms that the U.S. Supreme Court has “original jurisdiction” in all matters between the Federal and State governments, in accordance with Article III – Section II
  • Reaffirms state referendum authority as the final word of the people, in the event of improper adjudication
  • Positions each state legislature to protect and preserve for the people of their state, freedom from federal executive, legislative or judicial tyranny

For more than seventy years now, no matter which political party was in control of the federal government, that government grew, reaching farther and farther beyond the limited confines of constitutional authority and making every state and every citizen a dependent of the federal government, while the federal government is supposed to be “of, by and for the people.” The federal government is out of check.

Our Declaration of Independence states unequivocally, our right and responsibility to “alter or abolish” a federal government which has become “destructive” towards states’ rights and individual liberty.

We have arrived at just such a time in history, and The State Nullification Reaffirmation Act is designed to place the states and the people in a position to swiftly put the runaway Fed back in constitutional check.

The checks and balances supposed to exist within the different branches of the federal government do not exist today. All branches now act as one, usually at odds with the people and the states and well beyond the powers delegated them in the Constitution.

To return the federal government to the people, the states must take proper and necessary action to provide adequate checks and balances which no longer exist in practice at the federal level.

You can participate in this initiative by joining the co-sponsors, Stand Up America and The United States Patriots Union.

We will be happy to take questions now.

Researched and Prepared by The Constitutional Justice Division
The United States Patriots Union, LLC
Introduced by Stand Up America and The U.S. Patriots Union

————————–

Editor’s Note: Please see the initial press release regarding the State Nullification Reaffirmation Act here.

8 Responses to "More on the State Nullification Reaffirmation Act"

  1. Jedi Pauly   Wednesday, January 19, 2011 at 11:43 AM

    “In the First Amendment, we the People are given the unalienable right “peaceably to assemble and to petition the Government for a redress of grievances.””

    Not quite. The First Amendment does not give you “unalienable” rights. Unalienable rights are Natural Rights that are endowed (inherited). Just read the Declaration of Independence where it is clearly declared that sovereign political rights are endowed according to the Laws of Nature and not by statutory authority. The First Amendment only secures your natural unalienable rights it is not the source of unalienable rights and it does not provide them to you. Just read the Amendment is says that government shall “make no law”. The first Amendment is an instruction to government that merely secures your natural rights with the Positive Law (Constitution). The Constitution only declares Natural Law and provides for its protection with the Positive Law. It is not Natural Law itself.

    This is the entire problem with why people cannot understand my explanations that in Article II “natural born Citizen” is describing one who inherits a natural political right of sovereignty, not one who has sovereign political rights that are just defined and described by statutory authority as a legal privilege (that is what a “natural born citizen” lower case “c” would be). Natural sovereign political rights are only inherited from males, your citizen father, according to Natural Laws. They do not come from statutory authorities which is why the place of birth or the status of a mother are irrelevant for Article II purposes.

    One only needs a citizen father who creates you so that you can claim that you inherited a natural sovereign political right and not a statutory political privilege due to soil or a mom if you have a foreign dad, which is just a legal political right and not a natural political right. This is because when you have a foreign dad then your political rights must be adjudicated by statutes and a court which forces the issue under Positive Law jurisdiction because the soil jurisdiction, or your citizen mother, are a competing jurisdiction to the Natural Law jurisdiction of a foreign father. This forces the political rights to be totally “subject” to Positive Law statutes and courts and not solely subject to Natural Law. The Natural Law jurisdiction of a father (foreign or native) is a superior jurisdiction that trumps all other Positive Law jurisdictions. This is why if you have a citizen father then it makes no difference where you are born or what the citizenship status of your mother is because neither one can prevent the Laws of Nature from causing a child to inherit a natural sovereign political right from a citizen father, and any conflict in loyalties or allegiances are dealt with by the 14 year residency and citizenship requirements of Article II which forces one to repatriate one’s self to the United States. This severs any foreign owed loyalties that might have been established at birth via competing foreign soil or foreign mother jurisdictions and allows for one to reestablishes your political loyalties of your father’s land that you were born inheriting. Patriot is derived from the Greek/Latin “patros” which means FATHER. So, to “repatriate” means to return to the land of your father and take up his political loyalties to his country.

    I wish people would learn the difference between Natural Law and Positive law, and the difference between Natural Rights and Legal Rights, and simply apply the correct legal jurisdictional arguments so we can move beyond the preposterous notion that is not supported in law or in reality that Article II requires BOTH parents and born on the soil. NO IT DOES NOT. There is no support in law for this notion. People have invented a fiction that one must be born without competing jurisdictions at birth. There is no support for this notion and no logical reason for it.

  2. DanH   Wednesday, January 19, 2011 at 7:45 AM

    The Nullification Act is redundant and not necessary. The Constitution addresses the fundamental points necessary for maintaining their rights through Article 1 Section 8 and the 10th Amendment. We simply need to enforce the Constitution as it is written. The Constitution carries more weight than any individual bill. The tyrannical runaway government we are experiencing will certainly refuse to abide by any one act of legislation given the fact we the people are having difficulty with the federal government obeying the Constitution.

    The people and states should continue to send a message to the federal government that the states and the people, the fourth and most powerful branch of government, will not comply with any unconstitutional act by any of the other three branches and will force them to comply with the Constitution by nullification through lawsuits as is currently being done with 26 states and counting signing onto the Florida lawsuit against Unconstitutional Obamacare. The lawsuit(s) will take far less time to enforce than trying to pass legislation through a Congress that increasingly refuses to ignore the will of the people.

  3. Leo Patrick Haffey   Tuesday, January 18, 2011 at 10:11 AM

    The methods for enforcement of Grand Jury Indictments were fully explained in Sharon Rondeau’s excellent article and the comments thereto.

    http://www.thepostemail.com/2011/01/12/the-power-of-the-grand-jury-can-be-ours-once-again/

  4. Leo Patrick Haffey   Tuesday, January 18, 2011 at 10:06 AM

    We don’t need to “abolish” the government. We merely need to use the power of the 4th Branch of Government, the Grand Jury, to reform our Government.

    Justice Antonin Scalia: “…In fact, the whole theory of its (the Grand Jury) function is that it belongs to no branch of the institutional Government, serving as a kind of buffer or referee between the Government and the people

    Justice William O. Douglas: “The Constitution is not neutral. It was designed to take the government off the backs of the people.”

    Abraham Lincoln: “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”

  5. RacerJim   Tuesday, January 18, 2011 at 8:43 AM

    Citizen Grand Juries are all well and good. The question/problem is, who is going to enforce decisions/rulings of Citizen Grand Juries if/when no Federal, State or local government employee/entity will?

  6. Larry M. Meyer   Tuesday, January 18, 2011 at 6:56 AM

    The Language and Meaning of the Constitution are at the 10th Grade Reading Level,
    Direct and Eloquent~~Trouble is NO ONE in Government has a 10th GRADE Education!!

  7. MeJane   Monday, January 17, 2011 at 11:16 PM

    We have no choice but to go this route, all 3 branches the federal government are lost to us. They no longer represent the will of the people. The greatest thing about the Constitution is that we the people are “REQUIRED” to abolish the government if it becomes tyrannical and nullification is one of the ways to go, a peaceful, lawful and constitutional way. Chasing federal elections is important but it probably won’t change anything. Neither parties elected officials has so far shrunk the size of Government nor added any additional freedoms, it has been quite the opposite and their intent is now crystal clear, the majority want us to have no freedom or say what so ever, they only want us to pay for it all. Our God given freedoms are in fact in desperate jeopardy from their assault and tyranny of the Constitution, our only protection from the government.

  8. Leo Patrick Haffey   Monday, January 17, 2011 at 9:06 PM

    In the First Amendment, we the People are given the unalienable right “peaceably to assemble and to petition the Government for a redress of grievances.”

    In the Fifth Amendment, we the people are given the right to make a “presentment” of criminal charges against corrupt government officials. Historically, a presentment was used when a prosecutor or district attorney would not seek an indictment against a government official. Thus, you see, our Founding Fathers vested we the people with the power to prosecute corrupt government officials without intervention by judges or government attorneys.

    In the Ninth Amendment, it is unequivocally stated that, “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

    In the Tenth Amendment, it is clearly stated, “The powers not delegated to the United States by the Constitution…are reserved…to the people.”

    Simply stated it means that Citizens can form Grand Juries with or without the consent of any branch of the Judiciary, Federal or State. Furthermore, it means that any and all Federal or State Rules or Laws of Criminal Procedure are unconstitutional to the extent that they limit the formation of Citizen Grand Juries to prior or post approval by any Branch of the Judiciary, Federal or State.

    http://standupamericaus.com/our-privilege-our-right-and-our-duty-civilian-grand-jury:33320

Leave a Reply

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.