The Roots of Nullification

by Al Benson Jr.

Member, Board of Directors, Confederate Society of America

Nullification does not seem to be a popular subject with many who write about the Constitution. In preparation for this article I checked out several books in my library written by those who had dealt with the Constitution and with the early days of this country. In most cases I found that the term “nullification” was not even included in the index of the book, which means the author did not bother to deal with it.

The one book I did find that dealt with it in a meaningful way was one written by my friend, Dr. Archie P. Jones and published by American Vision This book is The Gateway to Liberty–The Constitutional Power of The Tenth Amendment and this book was published back in 2010. This is an informative book and I would recommend it to those who have an interest in the Tenth Amendment. You will learn from what Archie has to say.

He deals with nullification on pages 65-68 and deals with the Bill of Rights and the need for it on pages 108-110. I will give readers some of his commentary here in the hope that you may be interested in getting the book.

Archie writes: “The principle of nullification is essential to federalism, for without it, the state governments are largely defenseless against power-hungry, unscrupulous central government encroachments and usurpations. Nullification laws are laws enacted by a state legislature declaring unconstitutional ‘federal’ (central government) laws to be without authority in the state and rendering such laws inoperative in that state. Without the right of nullification, a state has only the influence it can exert through its elected representatives in the central government to restrain and oppose central government usurpation of the state’s power and authority.” And let’s be honest here–how many of our elected representatives in Sodom on the Potomac are really concerned with protecting the rights of the folks back home? Not nearly enough! Oh, there is a handful that are, but it is only a handful. The rest are busily trying to sell us out to the New World Order because that is where their true allegiance lies–not to the folks that elected them.

Archie continues: “Nullification is a form of interposition; it is a means by which the state’s civil government officials can protect the lives, persons, property and liberty of the people of their state against unconstitutional laws and actions emanating from the ‘federal’ or central government. By extension, if other states are persuaded to join in enacting and enforcing similar legislation, nullification protects the liberty and wellbeing of the people of the whole United States against unjust and unconstitutional laws promulgated by the central government. As a form of interposition, nullification is more than a right of a state’s civil government: it is a moral duty of a state’s civil government and its officials to protect the moral and constitutional liberty of that state’s people against injustice and illegality emanating from the central government…The most important institution of civil government for protecting our liberty in the complex system of civil government bequeathed to us in our Constitution is the government of each state…Obviously they intended the civil government which most affected the lives of Americans to be the state government, not the national government.”

Unfortunately, it has not worked out that way. Too often the federal government has enacted all manner of laws and executive decrees that do not pass constitutional muster and no one has objected to them–least of all our elected representatives!

Nullification, if enacted by the states will begin to shut down this process of our being forced to follow decrees and mandates that are clearly unconstitutional.

I have to note here also that the Kennedy Brothers, Ron and Donnie, have been advocating nullification in their recent books Dixie Rising–Rules for Rebels, and Be Ye Separate–Bible Belt Revival or Marxist Revolution.

The fact that several states are now seeking to enact nullification laws in response to federal tyranny shows that this is an idea whose time has come and the states had better start enacting nullification laws to protect their residents lest we end up becoming just another Communist dictatorship, ruled by a group with an unquenchable lust for power.


2 thoughts on “The Roots of Nullification

  1. The Central Government has no delegated authority nor power to infringe on ANY of the 10 Amendments of the Bill of Rights, and therefore have no delegated power to deny individual U.S. citizens’ their DELEGATED RIGHTS clearly outlined in our Bill of Rights!

    The Central Government was delegated the authority by our Founding Fathers, and delegated the Government the power to address and deal with a limited number of cases.

    That is why the Central Government has been referred to as the ‘government of limited powers! Those powers delegated to Government by our Founders are less than twenty powers…

    And to those who claim all eventualities that might occur in the future defaulted to the Central Government! That reasoning is FALSE! The Central Government has no delegated authority nor power to claim jurisdiction over any cases not delegated in 1787 to the Government. To this I say, those individuals don’t know the Constitution and its Bill of Rights of Individual U.S. citizens!!!

    The Bill of Rights are 10 Amendments that were delegated to the States and People by our Founding Fathers! And, the Bill of Rights are delegated powers and RIGHTS and POWER delegated and defaulted to the States and their citizens; NOT GOVERNMENT!!!

    However, the most important Amendment is the 10 Amendment of our individual Bill of Rights: “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”. Is that not clear enough so that anyone speaking English can read and understand what it orders?

    Some of our Bill of Rights Amendments straightforwardly express that Government has no authority nor power to do anything with the 10 Amendments of our Bill of Rights but to keep their cotton-pickin’ hands off! Off; because they are exclusive RIGHTS and POWERS of individual citizens of the States, NOT GOVERNMENT! Government is told that none of our ten Amendments be monkey with by unscrupulous Government politicians! “…shall not be infringed”, PERIOD! — The Bill of Rights’ 10 Amendments –SHALL NOT BE INFRINGED BY GOVERNMENT! …

    Bill of Rights Amendment 2 clearly states Government “shall not infringe” on individuals regarding their “…right of the people to keep and bear Arms”. Our 2nd Amendment also declares that “a well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” Plus, it’s important for U.S. citizens to know, the “Militia”, i. e. Militias, are made up of free citizens of the States of the Union, are self-funded and choose their leaders and commanders by vote. They receive no funding from the Central Government. For those who argue the National Guard is the “Militia” are flat wrong! National Guardsmen are funded by the Federal Government and have no say, nor vote, as to who will lead or command them…

    So, in today’s [2021] case this dishonest, rogue and corrupt Communist/ Democrat Party U.S.A. is violating two issues clearly stated in our individual Rights of our 2nd Amendment. What this means today is the Bill of Rights’ 2nd Amendment delegates individual U.S.A. citizens to first as Constitutional members of a free “Militia”, they have a RIGHT and POWER to “—secure a FREE State”!

    And, our American Declaration of Independence delegates we, the people, of the United States the RIGHT and POWER to “separate” from a suppressive and tyrannical Central Government:

    Declaration of Independence July 4, 1776

    WHEN in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.

    We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.

    –That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to affect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly, all Experience hath shewn, that Mankind is more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms (of Government) to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their RIGHT, it is their DUTY, to throw off such Government, and to provide new Guards (Government) for their future Security. Such has been the patient Sufferance of these people; and such is now the Necessity which constrains them to alter their former Systems of Government. (Emphasis Added)


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