Nullification: A True Liberty Activity

Libertarians in Florida (and in general) need to start addressing issues that are relevant today instead of spouting off about fantasy “solutions”. Talking today about anarchy or open borders does not resonate nor is it a true path toward liberty. Both ideas represent a refusal to deal with real world problems. Neither is a solution to what faces America.

One of the topics we should be talking about is fighting unconstitutional federal laws that affect us in the state of Florida (or any other state you may reside in). This is a problem of “right now” and needs to be solved. Fortunately for us we don’t have to reinvent the wheel. This idea has already been thought about and a solution has been formulated. This is an enumerated principle of Libertarians here in Florida and is a very powerful tool to counter unconstitutional edicts, mandates or “laws” issuing from Washington DC. The process is a simple one to understand and extremely effective in its execution. The simplicity of it is what makes it so elegant.

It is called nullification. It is the idea that a state decides that the federal government is operating outside of it constitutional bounds and is infringing on the rights of its citizens. Its action is to declare the law unconstitutional, the reasons for determining this and stating that no one who works for the state or within the state may aid or in any way help this unlawful expression of power originating from Washington DC. It is an idea espoused by Thomas Jefferson and James Madison. It is the constitutionally tried and true method to fight unconstitutional tyranny issuing from Washington DC.

Before you scoff and say this can never happen realize it has happened multiple times throughout our history and is currently being revived throughout our United States. Look to Washington and Colorado. How long ago did they nullify unconstitutional federal marijuana laws and say the law shall not be enforced within their state limits? Realize, neither stated that they wanted to nor have they tried to change the federal law. What they have done is affirmed that the federal “law” is unconstitutional and not to be enforced within their borders. State agencies and law enforcement are disallowed in aiding or initiating any actions against those people who grow or sell marijuana. The state is to do NOTHING!!! How Libertarian is THAT?! You fight no one. You see unlawful aggression and say that you will not support nor participate in the activity. Without the manpower and logistic support it is almost impossible for the feds to do anything within a state. This is the power of doing nothing.

Another current trend that is not being reported or being under-reported is the “Right to Try” laws. Thirty one states to date have passed laws nullifying unconstitutional mandates of the FDA concerning human “experimentation”.  These laws allow terminally ill patients to purchase drugs that are not currently approved by the FDA. Imagine that? People who are dying have a chance to save their lives in opposition to unconstitutional laws coming out of Washington DC. Imagine also why this is not widely reported on? Imagine if the people figured out they could actually make decisions for them selves and not rely on Washington DC? Things could change for the better and some in charge would not like that.

Other additions to the modern day nullification movement involve constitutional carry. Twelve states where there is no requirements for people to obtain any type of license to carry a gun. Some states and municipalities have nullified ALPR’s (Automatic License Plate Readers) within their bounds of their jurisdictions. This interposition is of varying degrees of restrictions on their collections. Many states have taken up or passed legislation restricting the monitoring and collection of cell phone data within their states via Stingray technology.

I leave hemp for last because it is a special topic for Floridians. Six states have nullified unconstitutional federal laws in their states and now grow hemp legally. Hemp is a wonder crop that has a multitude of uses and is a great crop to rotate to replenish soil. For those who are concerned about misuse, the THC content of hemp is negligible. The use of it as a drug would not be viable. But it IS very useful for many things and is the stuff that prosperity is built upon. Growing a plant that can make rope, canvas, food, drinks, paper, fabric, clothing, building supplies ( including hemp blocks to build houses), and plastics only makes sense. Hemp is the top plant for producing the most cellulose biomass per acre which makes farmers the most money per acre. This biomass is what paper, plastics and textiles are made of. No chemicals or insecticides are needed . All of this from growing this prolific and easy to grow crop. It is not legal in Florida but the industry would thrive here in the state. Because of our weather hemp could be grown year around and be among if not define the highest cultivation rates in the United States. The industries that would be created around this production would create real business and prosperity for Floridians.  We don’t do this because the federal government says it is illegal and the people in Tallahassee have big donor support who like things the way they are. They do not want to fight. That’s where Libertarians get involved.

So you see that nullification is trending and is definitely a force for liberty. Recognize this is a universal principle that will attract many people. . Republicans, Democrats, Independents, Libertarians, Constitutionalists all would agree that determining our own path is a good thing. We will not agree once we have the power what we want to do but at least we the people of Florida decide how we want to live. That is how our country is supposed to work. Washington DC was never supposed to be tinkering with the inner workings of a state. Their focus was to be a representative of the states for the rest of the world and to make sure the states played fair with each other. The primary function of our Federal Government is to secure our rights. Patents and trademarks, weights and measures, coining money, Post offices, postal roads, raising a Navy and Army, conducting war, protecting us from invasion and guaranteeing a republican form of government round out the majority of their enumerated tasks . The rest was left up to the states and the people. Article 1 Section 8 of the Constitution describes exactly Congress’ tasks. How far away from this ideal have we wandered? That is what we fight today to realize liberty tomorrow.

It is my hope that Libertarians can coalesce and figure out as a group how to present their message to the public so we can be a viable force for liberty. The portrayal of libertarians to date has been abysmal and it is up to us to change that. The powers that be like the status quo- i.e. republicans and democrats being the only viable options. Getting behind and promoting an idea such as nullification is a short term and long term winner for libertarians. The true beauty is it is already part of our principles here in Florida. All we need are representatives and candidates who will espouse this policy. Time to get busy.

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The Constitution IS America

THE reason that we have had the most prosperous and free country to ever grace the face of the earth is because of our Constitution. It was a revolutionary document which allowed the people to rule themselves by creating a federal government of specific enumerated powers. It formalized a way for government to be replaced regularly without the use of violence. Many others living outside of America when the Constitution was ratified had running bets as to how long the republic would last. We beat the odds and became the beacon of freedom for the world. The Constitution created America.

When we turn our backs on the Constitution we turn our backs on our country. If we allow the Constitution to be attacked we allow America to be degraded. We have a wildly out of control federal government that ignores the laws with impunity and tells us everything is all right. We the people have become complacent and through ignorance have allowed our creation to be our ruler. Government is a force. It needs to be constrained. It is much like fire. It can do many good things but left unattended it can harm and kill. Washington DC is out of control and unless we shackle the beast we will witness the dissolution of our country. Yes, it can happen here. We are not immune from the ravages of historical fact.

The ignorance about the “Law of the Land” is agonizing to witness. The Constitution is a relatively short document and can easily be read in under an hour. Most have not done so. It becomes apparent when interacting with them. Understand this: The Constitution is indeed the law of the land. NO local ordinance, federal regulation, executive order, treaty, state law, federal law, opinion or any other utterance by elected officials has superiority to what is written in the Constitution. If anything coming out of any government is in defiance of the clear and precise language of the Constitution of the United States it is by definition unconstitutional and void of relevance. That includes any branch of the federal government including the Supreme Court. The Supreme Court does not make law. They issue opinions. They also are humans and make mistakes and have human failings which make them fallible. They were created by the Constitution and to think they are the final arbiters of what is constitutional is another fallacy that needs to be dispelled if we are to remain a free nation. If you think that the Supreme Court is the final arbiter of what is constitutional then you give the federal government unlimited power to do what it wants which is exactly what we have been witnessing. It must end.

Realize that there are enemies to our country who live among us. They are working toward a socialist form of government which is diametrically opposed to freedom and what this country was founded upon. They continually push for bigger and more intrusive government in out lives. They dismiss the Constitution as an outdated document that needs to be rewritten, replaced or just ignored. What is unfortunate is that through patriot’s inaction we have allowed a whole generation of Americans to be taught of the faults of this country and none of the grandeur we have accomplished. Our country had been reduced to slavery and oppression in the eyes of many. We have to date lost the battle of education. That must also change for us to survive as a free nation.

George Washington said it best :

A primary object should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important? And what duty more pressing than communicating it to those who are to be the future guardians of the liberties of the country? ”

No truer words have been spoken and the enemies of our country HAVE learned this lesson. We need to support the truth and educate our children in this truth. We cannot rely on the schools to do this. We need to take this task to heart and act accordingly.

It is up to YOU to do something. No one else is going to do your job for you. I realize the teachings of history. The majority is not who makes changes. Changes come when a minority of the people with a majority of the will demands and makes the change. The rest of the people just follow along. It is unfortunate but it is the truth. I am talking to a small minority of people, probably in the 5% range. We must make the changes needed for our country to survive. Make no mistake, I am talking about our survival here. We are moving toward a precipice that will engulf us in tyranny and end our nation as we know it.

So what can you do? First get educated. Do not rely on others to tell you what is in the Constitution. Read and study it yourself. There are many resources to get this knowledge. Reject the idea that the Constitution is a “living” document or it is irrelevant in our modern times. Those two arguments are easily dispelled by the educated person.

The Constitution is a compact between sovereign states to create a federal government. Compact means contract. This “contract” is still in force and is still as relevant as when it was written. It has a specific meaning and its interpretation is not subject to modern day ideals.”

Use as much original documentation as you can find for this education. The Federalist Papers, historical writings between our founders and the actual document are all you need to be way ahead of most people when it comes to understanding the meaning and relevance of the Constitution. Read about the Constitutional Convention in Philadelphia. Madison, Jefferson, Hamilton, Jay. Martin, Henry, Adams, Washington, and others of the era depict exactly what our Constitution is all about. I say use original documents because there is plenty out there which is written on the subject and is not accurate of the true meaning of the Constitution. Most Americans have been lied to about what is contained in our founding document. Education is the cornerstone of liberty.

When you do get educated spread the truth far and wide. Liberty lives in the hearts of man and can be rekindled by support of the idea. Speak boldly. Speak the truth. Inspire others to do the same. As things get worse in our country more people start questioning the status quo and want answers. Be able to give them the correct answers. This will lead to a better understanding of the principles this country was founded upon and lead to better results in all things. With a proper education we can identify the true problems in this country and take effective action to combat those problems. Candidates who understand the Constitution will gain more support and we can start to populate our local and state governments with patriots and statesmen once again. The conversation of the day will once more turn to politics and through this dialogue we will find liberty.

Understand what is at stake. We have been left the precious present of liberty that was  gained by the blood and suffering of many before us and are obligated to pass that down to future generations. Our country was a true miracle in its birth. So many things were against us yet we pushed through them and became a nation. Miracles do not happen with regularity. That is why they are a miracle. Do not forsake that miracle because you depended on someone else to do the work. YOU are part of the solution. Not anyone else. Do not doom our children and countless millions of others to follow to have to fight and die once again for something that we let slip away.

I will leave you with this thought from Thomas Jefferson:

“In matters of style swim with the current. In matters of principle stand like a rock.”

Join me at Constitutional Cappuccino to get plugged into a website that is all about the education Americans need to move our country back to its proper trajectory. My new book “Patriot Ammo: The Words Behind Our Flag” is also available and teaches of our founding documents and principles. The book would make a great present for anybody 16 and up.

The Constitution is a Compact

The Constitution was a creation of the 13 sovereign states of the Confederation. It was an agreement between them to form a federal government to perform specific delegated duties. It is a compact. The term compact in this instance means a contract between sovereign powers. This idea has been relegated to the scrap heap of history and needs to be revived. It is an important idea that needs to be known to properly defend the Constitution from attack.

Because the United States Constitution is a compact then contract law applies. One of the biggest attacks today on constitutional protections has been the United States Supreme Court. The prevailing idea in Washington DC is that the Constitution is an old document and new interpretations need to be read into it. This is exactly opposite what contract law tells us.

Contract law tells us, rightfully and logically so, that when there is a question about a contract that a “meeting of the minds” is evaluated. This “meeting” represents the intent of the original writers of the contract. It has nothing to do with expanding or diminishing the contract. When the Founders created the Supreme Court they envisioned it going back to original principles to make decisions. The ideas of state sovereignty, enumerated powers, the people’s rights and the primary function of government being instituted to protect those rights would be reflected in every decision they make.

Another important aspect of contract interpretation is to read the document as a whole and not to evaluate specific ideas out of the context of the contract. One example: In our Constitution it states that Congress shall be the originator of all laws and in Article 1 Section 8 their is a specific list of enumerated powers that has been delegated to Congress. To think that a clause such as “general welfare” is an expansion of that delegated power is ludicrous and disingenuous. Why list any enumerated powers at all? It is because the “general welfare” clause has nothing to do with what we consider “welfare” today and was never intended to be an expansion of power, but a direction for the Congress to adhere to when making decisions.

The Founders wrote prolifically. They knew that later generations could benefit from their wisdom and their vision for what they had created. They also knew that these writings could be useful for future courts to interpret the ideas contained in the words of the Constitution. The writings of Madison, Jefferson, and Hamilton are integral to the understanding of the document. They explained the exact meanings found in the Constitution including the “necessary and proper” clause, the “supremacy” clause and what “general welfare” meant. What these ideas have morphed into would have the founders picking up arms again to combat the tyranny on their doorstep.

When interpretations of interpretations of court cases takes us away from the original and clear meaning of the Constitution then they must be fought. Being a creation of the Constitution, the Supreme Court is not the final arbiter of the Constitution. There is a reason they issue “opinions”. The Constitution has a clear and plain meaning. It was written to create a federal government of specific enumerated duties that would help the states collectively to prosper. Whenever the court makes interpretations that expand the powers of the federal government it is doing so in spite of what is written.

Among other things, it is high time that the 9th and 10th Amendment are dusted off and the proper relationship between the states and the federal government is once again realized. This must happen for our republic to survive and for prosperity and liberty to once again be part of our national lexicon.

Join me at Constitutional Cappuccino to get plugged into a website that is all about the education Americans need to move our country back to its proper trajectory. My new book “Patriot Ammo: The Words Behind Our Flag” is also available and teaches of our founding documents and principles. The book would make a great present for anybody 16 and up.