Tuesday, July 07, 2015

Nullification

I love Mark Levine. He's so angry. Just like me.

But sometimes he misses the mark . I was listening to him yesterday, and he was ranting—again— about how terrible and dangerous Nullification is.

Of course, Mark is big on a Convention of the States to propose more amendments to the Constitution to make the government behave itself.

The problem as I see it is that we already have a perfectly clear Constitution, and the government is ignoring it. Why does Mark believe that more amendments will force the out-of-control government and it's evil minions to obey it?

Don't see the logic.

Mark seems to thing that nullification is something that states DO.

I reject the idea that nullification is something people DO. I submit it is an inherent condition of unconstitutional laws.

A law is not nullified because someone says it is. A law is nullified by virtue of the fact that it does not meet the necessary standard of constitutionality.

Nothing has to be done. The condition exists independent of action or opinion.

When a law is passed that is constitutional, it is incumbent on all citizens to obey it.

When a "law" is passed that is unconstitutional, it is by definition nullified, and need not be obeyed by anyone.

SCOTUS having proved that they are insufficient to the job of determining constitutionality of anything, it is reasonable to leave it to the States, Counties and Municipalities to see to it that they and their citizens are not burdened with "laws" passed by the out-of-control Central Government that are clearly and demonstrably unconstitutional.

It's messy, but it's not crazy. Locally is where we establish freedom...and then work from there.

And "freedom" in America today means nothing more or less than freedom from the intrusive talons of the pernicious, titanic, rapacious wildly unconstitutional Central Government.


/gun





5 comments:

  1. I love Mark too, but on certain issues he is as naïve as they come. Usurpers and tyrants are not going to behave because some attorney thought he was more clever than they in re-writing laws that were perfectly understandable to begin with. Nullification is a legitimate response to the criminal acts of government that clearly violate the law of the land. If nullification fails, then what?

    Out founders had to accept two truths to gain their liberty. Truth one was they might die in the effort. They could be killed in battle or captured, tried for treason and executed.

    Truth two was they would have to kill British soldiers to win. It was either that or the troops of the tyrant would see that truth number one was carried out. Does Mark understand that? Does he really believe dishonorable people would abide by his newly crafted amendments?

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  2. I often wonder if it's just as far as he can go as a public figure without getting arrested for sedition...or if he actually eschews secession and revolution.

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    1. Mark has made it clear on numerous occasions that he is dead set against secession and believes those who advocate secession (or nullification) are neo-Confederates. He uses that term as a derogatory.

      I think is enamored with his idea of introducing new amendments to the Constitution. I do appreciate and listen intently when he discusses constitutional law, but of what good is any law for controlling lawless rulers? As clever as Mark may think he is, his adversaries will have plotted the loop-holes before he dots the first I or crosses the first t.

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    2. They don't even need loopholes. I've been screaming this for years: THIS IS A THUG REGIME. Thugs do not care about the law, your rights, or 'fair play.' They will do whatever they want and what do you think you're gonna do about it?

      Mr. Levin--love him as I do--brings to mind the old Robin Williams routine about unarmed police in England: "STOP! Or I'll say 'stop' AGAIN!"

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  3. "...what good is any law for controlling lawless rulers?" Yep, precisely the point.

    I consider the Confederacy a preliminary, exploratory exercise, leading up to the actual campaign.

    And I consider the Rebel Flag a useful symbol of current, sensible rebellion against said "lawless rulers".

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