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"WHO IS THE GRINCH
THAT STOLE STATE
SOVEREIGNTY?"
NULLIFICATION
&
INTERPOSITION
REAL OR
IMAGINARY?
These are Keys
to State
Sovereignty
& MAINTAINING
A FREE SOCIETY
HISTORY
What you don’t know about History
can make you DEAD, or worse, it
can make you a SLAVE
Robert Fulton
Invented Steamboat
Supremacy Clause
voids Nullification by
the States
BOTH UNTRUE
•
•
•
•
Samuel Morey
1792
$10,000
Chancellor Livingston &
Robert Fulton
• John Fitch also before
Fulton
• Robert Fulton 1807
• Honest interpretation of
the Supremacy Clause
indicates it ONLY refers
to the 17 enumerated
powers granted to the
Federal Government in
the Constitution!
We the People……???
Who has the final say?
MUST WE SUBMIT TO ALL
CONGRESS DOES?
• Does “We The People” mean only that we
have the right to vote?
• If Government passes laws against “the Laws
of Nature and of Nature’s God are we subject
to them?
• Is our only available option the vote?
• Did the Founders believe there is a 5th arm of
government….We the People?
Nullification by Thomas Woods
Federalist Papers #40, #45, & 78
Kentucky Resolutions 1798 & 1799
Virginia Resolutions 1798
Assurances given at State Conventions
Madison’s Report of 1800
Madison Sovereignty 1835
“A Living Constitution”
The American Revolution was
fought to defeat the idea of a
‘living constitution’
A Critical Perspective:
Jefferson said, “To consider the Judges of
the Superior Court as the ultimate Arbiters
of Constitutional questions would be a
dangerous doctrine which would place us
under the despotism of an oligarchy. They
have with others, the same passion for
party, for power, and
for the privileges of their corps-and their power
is the more dangerous as they are in office for
life, and not responsible, as the other
functionaries are, to the Elective control. The
Constitution has elected no single Tribunal. I
know of no safe depositary of the ultimate
powers of society but the people themselves.”
1215
King John signs the Magna Carta
Article 39 Magna Carta
• No free man shall be captured, and or
imprisoned, or disseised of his freehold, and
or of his liberties, or of his free customs, or be
outlawed, or exiled, or in any way destroyed,
nor will we proceed against him by force or
proceed against him by arms, but by the
lawful judgment of his peers, and or by the
law of the land.
• For a trivial offence, a free man shall be fined
only in proportion to the degree of his offence,
and for a serious offence correspondingly, but not
so heavily as to deprive him of his livelihood. In
the same way, a merchant shall be spared his
merchandise, and a husbandman the implements
of his husbandry, if they fall upon the mercy of a
royal court. None of these fines shall be imposed
except by the assessment on oath of reputable
men of the neighbourhood
From where did the
Barons acquire the
right to stand against
King John?
1554 Jury acquitted Sir
Nicholas
Throckmorton…He
was on trial for alleged
participation in
Wyatt’s Rebellion.
The court still sent him
to the Tower and
jailed the jury!
Jury (or open rebellion) only means to
enforce Magna Carta
• 1664 juries fined for
acquitting defendants
• 1670 William Penn
charge: Quakerism 4
jurors refused to convict
• The 4 were imprisoned
and starved for 4 days
• 3 paid their fines 1 did
not
• Edward Bushnell took
his case to Court of
Common Pleas
• Chief Justice Vaughan
decreed jurors could not
be punished for verdicts
• This is one of most
important verdicts in
jury history
Over Time Magna Carta
Changed Things
• King could
make LAWS
• But POWER
moved to the
PEOPLE….via
• Nullification
Because of Magna Carta
POWER moved from the
king to the people…..This is
the political origination of
the concept of :
“WE THE PEOPLE”
It took years for all of this to
happen, but it was Magna Carta
that set the stage in England for the
eventual removal of power from
the KINGS & QUEENS of
England to Parliament.
Nullification strong in England during 18th
Century and arrived in America in all its
GLORY
• Colonial Juries nullifying
England’s Navigation Acts
led England to begin
using non-jury admiralty
courts
• John Hancock under Nav.
Acts fined triple the cost
of his goods and his ship
was seized
• Zenger court case, he
criticized royal Gov. via
newspaper
• Zenger stated the truth
but Judge directed the
Jury “truth is no defense.”
• Georgia vs Brailsford 1st
Supreme Ct. Justice John
Jay told jurors they have
“a right to determine the
law as well as the fact in
controversy.”
• Lysander Spooner & 1850
Fug. Slave Law
Jury Nullifications in America
• Salem Witch Trials 33
“witches” executed led
to 52 consecutive hung
juries or acquittals
• Freedom of Speech
confirmed 1734 John
Peter Zenger’s trial
• 1850 Fugitive Slave Law
• Wild Bill Hickok
• Prohibition
• “Conspiracy” charges
brought against union
workers
But this is modern times and nullification is
no longer relevant RIGHT?
• Prohibition: JN was major contributing factor
in repeal
• In Kentucky today juries often refuse to
convict under marijuana prohibition laws
The TRUTH is that “We the People”
still have this power. Just because the
courts fail to tell us of this power does
not mean we do not have it!
We can still NULLIFY BAD LAWS.
All we have to do is DO IT!
Jefferson said
“I consider
trial by jury as
the only
anchor ever
yet imagined
by man, by
which a
government
can be held to
the principles
of its
Constitution.”
Jefferson stated:
• “A strict observance of written laws is
doubtless one of the highest duties of a
good citizen, but it is not the highest….
• “The law of necessity, of self
preservation, of saving our country when
in danger, are of higher obligation…
Jefferson continued
• “To lose our country by a scrupulous
adherence to written law would be
to lose law itself, with life, liberty,
property and all those who are
enjoying them with us; thus absurdly
sacrificing the end to the means.”
Franklin: jury nullification is “better
than law, it ought to be law, and will
always be law wherever justice
prevails.”
Jefferson: “Were I called upon to decide
whether the people had best be omitted in the
Legislative or Judiciary department, I would
say it is better to leave them out of the
Legislative. The execution of the laws is
more important than the making [of] them.”
Why do we need jury nullification?
• “We the People” is • Gov. must try to
enforce its laws
where gov. derives
whether laws are
its power and
good or bad
authority
•
To
protect
citizens
• Government has no
from government
capacity to admit its
oppression
laws are wrong.
• Legislative body
• Free elections
always confirms
inadequate to
Constitutionality of
prevent tryanny
its own acts
And we need jury nullification because
• Judges and public
• Supreme Court has
servants consistently
shown a tendency to
fail to uphold oath to
support other
‘support & defend
branches of gov.
the Constitution’
over the obvious
rights granted by the
• Protects the minority
Laws of Nature and
from the majority
of Natures God
Judges question
jurors
• Spooner complained "that
courts have repeatedly
questioned jurors to
ascertain whether they
were prejudiced against
the government. ... The
reason of this ... was that
'the Fugitive Slave Law, so
called' was so obnoxious to
a large portion of the
people, as to render a
conviction under it
hopeless (if the jurors were
taken indiscriminately from
among the people)."
Why would Judges question citizens?
In relation to juror’s oaths and voir dire,
Lysander Spooner stated:
• “The only principle under which these
questions are asked is this – that no man shall
be allowed to serve as juror unless he be
ready to enforce any enactment of the
government, however cruel or tyrannical it
may be. …A jury like that is palpably
nothing but a mere tool of oppression in the
hands of the government.”
Spooner further stated:
• “In short, if the jury have no right to
judge of the justice of a law of the
government, they plainly can do nothing
to protect the people against the
oppressions of government; for there are
no oppressions which the government
may not authorize by law.”
Why do so few citizens know about
JURY NULLIFICATION?
1895
Why this ruling?
• Supreme Court in • Giant corp. had
a split decision
lost numerous
decided courts no
trials against labor
longer had to
unions & these
inform juries they
corporations
have the power to
Pressured the
veto an unjust law!
Court
Juries had ruled against Giant Corp. in numerous
damage suits and other cases
• American Bar
Assoc. feared
juries were
becoming to
hostile to Big
Corp. and too
sympathetic for
the poor
• American Law
Review wrote in
1892 that Jurors
had ‘developed
agrarian
tendencies of an
alarming
character’
Remember!
THIS IS THE PERIOD
WHEN PROGRESSIVES
BEGIN TO SURFACE
It was absolutely necessary to
remove the concept of JURY
NULLIFICATION from the hands of
“WE THE PEOPLE.”
It was mandatory to take power
out of the hands of the people and
put it into the hands of institutions
PROGRESSIVES COULD CONTROL!
Charles Gregory
Georgia Legislator
• Fully Informed Jury Act
• This act states, “In a criminal jury trial, the
court shall permit the defendant or his or her
counsel to argue for jury nullification in its role
as the judges of the law and the facts
pursuant to Article I, Section I, Paragraph XI of
the Constitution.”
When juries are not allowed to judge both
fact & law, it becomes trial by the
government, NOT TRIAL BY YOUR
PEERS
Juries judge BOTH!
• FACTS
• Life imprisonment
for eating w/ Fork
• Failure to Worship
Obama
• Failure to turn in
your guns
• LAW
• Unless Jury can
judge both FACTS
& LAW they
become nothing
more than a tool of
the government!
Col. Sanders Arrested In
Gainesville
State Sovereignty linked to
Jury Nullification
ITS REALLY THE
SAME CONCEPT!
HERE’S THE RELATIONSHIP
• God intended • We the People
man to be free granted power
• Freedom is an to the states so
states have
unalienable
only the
right
power we give
them
The SUPREMACY CLAUSE
when correctly interpreted ONLY
applies to the 17 enumerated
powers granted the Federal
Government by the Sovereign
States
Founders had just fought war
against tyranny….does it make any
sense they would have granted
their creation the power that some
people contend exists in the
“Supremacy Clause?”
SPECIFIC ENUMERATED POWERS
• States elected to • Because we
ONLY GIVE
delegate some
SPECIFIC
powers DOES
powers and to
NOT mean we
retain ALL
give up ANY
OTHERS
POWERS!
By definition an “UNALIENABLE
RIGHT” cannot BE transferred
• Compact
between states
could only
transfer what
belonged to
People and the
States
• Central Gov
could only
acquire power
that belonged to
WE THE
PEOPLE
Can States Nullify Federal Laws?
For
&
Against
• After fighting tyranny Founders would
never give Gov ultimate power
• 10th Amendment
• Founders understood history and
sovereignty remained with the people
& was exercised via the States
• Articles of Confederation have never
been repealed & Article 2 “states
retain sovereignty
• States were to have major voice via
the Senate
• People never voted directly on
Constitution, States approved it &
never would have if it meant giving up
their sovereignty
• Courts began early to attempt to
neuter the states
• Supreme Court has ruled the
Constitution is not a compact
between States but the people
• Chisholm v. Georgia 1793 because
Constitution says “We the People”
• Martin v. Hunter’s Lessee 1816
• McCulloch v. Maryland 1819
• Texas v. White 1869
• Marbury v. Madison 1803
• SCOTUS started early expanding its
powers not authorized under Article
III
Federalist 40 Sect 11…the States are
“distinct and independent sovereigns”
• If the people via the States cannot nullify
unconstitutional acts then they no longer
have the ability nor the Right “….to alter or to
abolish it, and to institute a new
Government….” as our Declaration of
Independence says; (WHICH IS THE
ULTIMATE NULLIFICATION) nor the right to
call for the Convention of the States to
propose amendments to the Constitution
which we clearly possess by law!
Right to Self Defense
My Poor Neighbor
If only we had a
car……
My Wealthy Neighbor
Our Legislators believe it is alright if they pass a law
to take from one person and give to another
A Jury Deliberates
Recognizing that Juries have the right to judge
both law and fact is as vital to freedom as is the
right of the State to Nullify the LAWS of its
creation when that creation oversteps the limits
placed on it by its creator, the States
REMEMBER
• The Founders did not intend for the
gov. they created to be all powerful.
• The Founders recognized Divine
Providence as the ultimate lawgiver.
• The Founders did not grant ultimate
authority to the Courts in areas other
than the enumerated powers.
• The Founders intended for the states to
retain control of its creation.
• The Founders intended for the people via
the jury to have a final say on laws.
The Doctrine of the
Lessor Magistrates
When the superior or higher civil
authority makes unjust/immoral laws
or decrees, the lessor or lower ranking
civil authority has both a right and
duty to refuse obedience to that
superior authority. If necessary, the
lesser authorities even have the right
and obligation to actively resist the
superior authority.
From where did
the Barons acquire
the right to stand
against King John?
God
•God is the ultimate
Law-Giver and Ruler
Church History teaches:
• “when the State commands that
which God forbids or forbids that
which God commands, men have
a duty to obey God rather than
man.”
Some Supporting Scripture
Daniel 4:17, 6:2, 6:10, 6:21-23;
l Samuel 14:24-25;
Exodus 1:15-22, 20:3; James 4:12;
I Tim 6:15; Colossians 1:16;
Proverbs 8:15; Hosea 8:4
A magistrate who
upholds or follows an
unjust or immoral law
becomes complicit in the
higher authorities’
rebellion against God.
Historical Examples
•
•
•
•
From the Bible
Midwives against Pharaoh
People interpose for
Jonathan agnst. King Saul
Daniel agnst. King Darius
Peter & Apostles/Sanhedrin
“We must obey God rather
than human beings! “
Recent/Secular
• Petronius defies Caligula
• 1989 Romania people
interpose for Pastor Laszlo
Tokes
• Lesser Magistrates/King
John via Declaration of
Independence
Question?
Why do we almost
NEVER HEAR
these concepts preached
from the pulpit
Is it the church?
Or is it
WE THE PEOPLE?
FINAL THOUGHTS:
• Constitution is a COMPACT between
States to create the Federal Gov.
• The creation (Federal Gov.) of this
contractual agreement should not be
allowed to determine how much power
it has!
• This is why the power was NOT
GRANTED TO THE SUPREME COURT
Two Views of
Government:
Biblical View
Pagan View
BIBLICAL:
• State is Divinely
Ordained
• State authority is
LIMITED
• Leads to PATRIOTISM
• Results in a Republic
• Based on CREATION
PAGAN VIEW
• State is DIVINE
• State Authority is
UNLIMITED
• Leads to STATE
WORSHIP
• Results in TYRANNY
• Based on EVOLUTION
Our Gov. Power as Established:
AND FINALLY
• Note that in the Bill of
Rights 3 of the 10 deal
with the Jury.
• Amendment V
• Amendment VI
• Amendment VII