NULLIFICATION: THE
SOLUTION TO FEDERAL
TYRANNY
The 10th amendment won’t enforce itself
WASHINGTON IS LOST
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As of right now, Washington is lost.
Spending time and money trying to fix it by playing
the national politics game is futile.
Congress, the Executive (any president), and the
Judiciary could care less about limiting or reducing
the size of government. This is evident from their
actions.
WASHINGTON IS LOST
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Roughly 90% of what the federal government does
is unconstitutional.
Both parties approve. Budgets, when actually
proposed, are passed overwhelmingly and contain
mostly unconstitutional spending.
Your Congress Critter has a serious problem saying
“NO” when it matters.
LAWLESS & OUT OF CONTROL
LAWLESS & OUT OF CONTROL
NO ONE IS SERIOUS
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The Super Committee, though a ridiculous idea, was
a complete failure.
Democrats won’t cut the welfare state.
Republicans won’t cut the warfare state.
This will not change.
VOTE THE BUMS OUT?
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Many people believe if we just vote the “bums” out
and replace them with people who believe like we
do, bad laws can be repealed and government can
be limited.
This has not been an effective strategy…EVER.
Even the Tea Party class of 2010 has not been a
limited government juggernaut.
VOTE THE BUMS OUT?
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Club For Growth did a study on the TP freshman class
of 2010, and many did not live up to their limited
government campaign rhetoric. Only one, Justin Amash,
scored 100% on their scorecard. Tea Party favorite
Allen West scored 64%.
This is only part of the story. How many of these
freshmen proposed bills that would decrease the size of
government? When I checked last summer, Justin Amash
was the only one.
VOTE THE BUMS OUT?
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The States have forgotten their place.
States allow usurpations of power such that the
federal government easily gets away with it without
consequences.
States must once again reclaim their reserved
powers, and force the federal government into the
box we made for it.
VOTE THE BUMS OUT?
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If we vote the bums out hoping the new crop will
repeal unconstitutional laws, we have become part
of the problem. An unconstitutional law is an
affront to the Constitution, to the Republic, and to
basic morality. If such a law stays in place because
a vote for repeal fails by ONE, it illustrates the
lunacy of our current approach against
Obamacare.
THE 2012 PRESIDENTIAL ELECTION
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Obama is driving us toward a cliff at 115 mph.
If Romney had won, he would’ve driven us toward
the same cliff at 85 mph.
We’re still going off a cliff, it’s just a matter of
when.
Just keep in mind the catch phrase was “Repeal and
Replace”.
THE MINDSET MUST CHANGE
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We exist under a federal government that does
everything.
This encourages apathy in state politics, which in
turn leads to a loss in state sovereignty.
The States are now nothing more than lines on a
map, nothing but a formality.
THE MINDSET MUST CHANGE
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The States must once again take their place as free,
independent states.
Must remember the States created the federal
government and gave it just a few powers.
Must remember all power is derived from the
People, not TAKEN FROM US.
WHAT ABOUT SECESSION?
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Since Obama got reelected, suddenly there’s a lot
of interest in secession.
Secession is the inherent right of any free,
independent state.
Secession is also not the answer.
TEXAS SECESSION PETITION
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“Peacefully grant the State of Texas to withdraw
from the United States of America and create its
own NEW government.”
For what reason would we want to scrap our current
government in Texas? Do we want to abandon
republicanism? Replace it with what?
This may not be a completely thought out idea.
PROBLEMS THAT COME WITH
SECESSION
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Lincoln set the standard response to secession:
invasion, occupation, death, destruction, and
subordination.
States would have to possibly face war.
Must create a currency for the State. Will it be
paper? Will it be commodity based?
PROBLEMS THAT COME WITH
SECESSION
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Will trade be impeded by the federal government
through blockades and sanctions?
What happens to Texans serving abroad in the US
military?
What about the millions of Texans who don’t want to
secede but are forced into it anyway?
So many questions remain unasked and unanswered.
WHAT IS NULLIFICATON?
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Jeffersonian idea that the States of the American Union must judge
the constitutionality of the acts of their agent, the federal
government, since no impartial arbiter between them exists.
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"The several states composing the United States of America are not
united on the principle of unlimited submission to their general
government“---Kentucky Resolutions of 1798
"where powers are assumed [by the federal government] which have not
been delegated, a nullification of the act is the rightful remedy: that
every State has a natural right in cases not within the compact, to nullify
of their own authority all assumptions of power by others within their
limits: that without this right, they would be under the dominion, absolute
and unlimited, of whosoever might exercise this right of judgment for
them“ ---Kentucky Resolutions of 1798
WHAT IS NULLIFICATION?
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Usually involves a bill, which is passed by both
houses and is signed by the governor.
It is a refusal on the part of your state government
to cooperate with, or enforce a particular federal
law or regulation it deems to be unconstitutional.
WHAT NULLIFICATION ISN’T
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It’s not a petitioning of the federal government to
start doing or stop doing anything
It doesn’t depend on any federal law being
repealed
It does not require permission from any person or
institution outside your own state
WHY NULLIFICATION?
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The federal government cannot be the final arbiter of
the extent and boundaries of its own power. This
includes all branches of the federal government. In the
law this is known as a “conflict of interest.”
This would be like having your ex wife’s mother as the
final judge on the structure of your divorce settlement.
The 10th amendment will not enforce itself!
IS NULLIFICATION CONSTITUTIONAL?
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If we believe what the 10th amendment says, YES it is
constitutional:
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. THIS IS EITHER
TRUE OR NOT TRUE.
 The States MUST take up their responsibility to exercise the
powers NOT delegated to the United States, and REFUSE to
recognize federal laws that usurp those powers.
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IF WE SAY IT ISN’T…
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If there is no mechanism by which the States may
resist the usurpations of the federal government, we
are admitting that revolution is the only answer.
We are admitting the Constitution authorized a
federal government that could lord usurped power
over the States unchecked.
TODAY’S VERSION OF THE 10TH
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The powers not delegated to the United States by the
Constitution will simply be usurped by the various
branches over time, thereby destroying the sovereignty
of the States and the People. When the federal
government usurps a power, the ignorant people of the
States will run directly to the federal government and
ask it to pretty please stop. The federal government
will 9 times out of 10 tell the States to go pound sand.
THE FEDERALIST PAPERS
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In Federalist #45, Madison stated:
“The powers delegated by the proposed Constitution to the federal
government, are few and defined. Those which are to remain in the
State governments are numerous and indefinite. The former will be
exercised principally on external objects, as war, peace, negotiation, and
foreign commerce; with which last the power of taxation will, for the most
part, be connected. The powers reserved to the several States will extend
to all the objects which, in the ordinary course of affairs, concern the lives,
liberties, and properties of the people, and the internal order,
improvement, and prosperity of the State.”
THE FEDERALIST PAPERS
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Madison again in Federalist #40: “We have seen
that in the new government, as in the old, the
general powers are limited; and that the States, in
all unenumerated cases, are left in the enjoyment of
their sovereign and independent jurisdiction.”
THE FEDERALIST PAPERS
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Hamilton in Federalist #78: “There is no position which depends on
clearer principles, than that every act of a delegated authority,
contrary to the tenor of the commission under which it is exercised, is
void. No legislative act, therefore, contrary to the Constitution, can
be valid. To deny this, would be to affirm, that the deputy is greater
than his principal; that the servant is above his master; that the
representatives of the people are superior to the people themselves;
that men acting by virtue of powers, may do not only what their
powers do not authorize, but what they forbid.”
BUT WHAT ABOUT THE SCOTUS?
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We are all taught from grade school onward that the
SCOTUS is infallible, and what they say the Constitution
means is what it means, and therefore their
interpretations are the law of the land
In the dicta of Cooper v. Aaron, the SCOTUS even said
its statements have exactly the same status as the text
of the Constitution itself. This concept is NOT found in
the Constitution.
SCOTUS ABSURDITIES
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Obamacare decision. Self explanatory.
Wickard v. Filburn: farmer can’t grow wheat for his
own consumption (butchering the commerce clause)
Kelo v. City of New London: ruled a redevelopment
agency in New London, CT could seize homes of
local families and give them to a private developer
working with the Pfizer Corporation.
SCOTUS ABSURDITIES
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Helvering v. Davis: ruled Social Security program
was constitutional under general welfare clause and
did not violate the 10th amendment.
And what about all the things the federal
government is doing that have NEVER been
challenged in court?
STOP PRETENDING…
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That the SCOTUS gets the final say about what’s
constitutional
That Congress will abide by anything other than the
SCOTUS’ interpretations
That the 10th amendment has any teeth unless the
States actually lay claim to the powers that
rightfully and constitutionally belong to THEM.
WHERE WE START FIGHTING BACK
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Obamacare is low hanging fruit. Most people hate
it and want it to die a horrible death.
If a nullification movement is going to take root and
grow, Obamacare is the perfect catalyst.
Strike while the iron is hot!
BUT NULLIFICATION FAILED IN 2011!
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Leo Berman had a bill to nullify Obamacare in the
last session.
While testifying in front of the State Sovereignty
Committee, he was asked what effect his bill would
have if SCOTUS ruled Obamacare constitutional.
His response: the bill would go the way of all bad
bills and would have no effect
EDUCATION IS KEY
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Berman didn’t understand the concept of
nullification, so he looked foolish, and made that
small nullification movement look foolish and
ineffective.
We cannot let this happen in the 2013 session!
Do your homework! Study to show yourself
approved!
THE PLAN
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Circulate a petition in your state house district with a resolution that
encourages your state rep to support the nullification of Obamacare
Get as many signatures as you can on the petition, and sometime
before the session starts (perhaps early January) take the resolution
and petition to your representative’s district office or Austin office.
Bring as many people as you can. Hand it over to the staff, and
request a short meeting with the rep to discuss nullification further.
THE PLAN
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The nullification bill proposed in 2011 also failed
probably because it was vague on the actual policy
needed to carry it out. We aren’t submitting the
same bill this time, we’re submitting one that has
details.
Must submit a good bill in the beginning, because
we know it will be watered down by politicians.
OUR BILL
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Seeks to aid citizens of Texas in noncompliance with
Obamacare.
Primarily focuses on setting up “roadblocks” for the
IRS.
Forces IRS to go through the Texas Secretary of
State before liens can be filed or levies can be
executed.
OUR BILL
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Amends the Texas Property Code so that federal agents
cannot file a notice of federal tax lien or execute any levy
unless:
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They verify with the Texas SOS that the taxpayer has or has not
filed documentation of non liability for ACA related taxes.
Prove to the SOS that part of his tax liability is non ACA related.
Even then, levies are only allowed to be collected for non ACA
taxes.
OUR BILL
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Federal agents are guilty of a class B misdemeanor
if they fail to follow our guidelines.
Our bill strives to stay in compliance with the US
Constitution at every turn. Congress has power to
lay AND collect taxes, but only those arising from a
constitutional bill. We are only blocking collection
of unconstitutional taxes.
OUR BILL
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We cannot fight against the “offset power”. This is
when you have a refund for a given year, but a tax
liability for a previous year, and the refund is
garnished in the amount of the liability.
This just means you need to get better at tax
planning!
IS TEXAS READY?
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In 2011, the TSA bill failed because of cowardice
on the part of your Governor, Lt. Governor, and
Speaker of the House.
A threatening letter from the federal government
proved that you can indeed mess with Texas and
get away with it.
END GAME
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The end result of nullification is:
 Protection
of the Constitution
 Protection of Liberty
 Protection of State Sovereignty
 Prevention of violent revolution
END GAME
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This effort will require:
 Sacrifice
 Perseverance
 Significant
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effort
We cannot expect to do something like this and
have it cost us nothing. It will have a cost.