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Null and Void and Of No Effect?

January 21, 2011

Jefferson Memorial in Washington D.C. with exc...

Image via Wikipedia

What is Nullification, anyway?

One of my favorite *dead, white guys* in American history is Thomas Jefferson.  Old T.J. wrote my favorite sentence of all time, I am certain you have heard it.  We hold these truths to be self evident, he begins.  “What in the world does this have to do with growing good food?” I can hear some of you saying.  Well, depending upon how the (ugh) “Ruling Class” enforces the food modernization safety act, it may mean a lot.  It could come down to nullification.

Say what? “Nullification”?

Yeah, nullification is when a state takes a stand on behalf of its citizens, and officially tells the central government that it deems a certain law to be unconstitutional, and therefore the law is null and void on its face.  The offending “law” then will not be enforced within the boundaries of that state.  T.J. advised that when the general government assumes undelegated powers a nullification is the proper remedy.  See this link over at LewRockwell *dot* com, which is what got me started on this issue.

Taking it a step further

Sometimes,  the states are slow to protect their citizens.  If you checked out Lew Rockwell piece by Michael Boldin, you saw that more than 2 dozen states have acted to stop the “Real ID” act.  That means that about 2 dozen states HAVE NOT acted and I would ask …why not?  What does this mean for individuals in those states?  Do they just wait around until their state legislature takes action?  What about organically grown food?  Might I suggest that it is a citizen’s duty, when they detect an usurpation of authority, that they must act according to their best knowledge of the situation.  They must act, sometimes, in an individual effort of nullification.

Does that mean that someone ought to break the law?  Let me be very clear about this, I do not advocate that anyone break the law. Here one ought reference a court case, Marbury vs. Madison, click here where the court pointed out that any law, repugnant to the Constitution, is in fact, null and void.  The only way that the court would get a chance to rule on that is if an individual took action, was charged and went to court.   Like T.J. noted in the Declaration of Independence, all rights are granted from the Creator to each individual, and they are inalienable.  So whose responsibility is to protect those individual rights?  The individual.

What’s the bottom line?

Every individual has a personal line in the sand, beyond which they refuse to make concession.  The actions of legislatures are fickle, and take time to properly represent the needs of the citizens, and as individuals we just can’t wait around for others to defend our rights.  Nullification, a necessary tool of politics, begins with each individual, and spirals UP in a grass roots effort to preserve freedom.  A right unexercised is a right surrendered.  An infringement upon any right is an attempt by the “Ruling Class” to terrorize and tyrannize, and is null and void and of no effect to any free person.

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One Comment leave one →
  1. Mike Caines permalink
    January 21, 2011 5:14 pm

    Jury nullification is one of my favorite concepts! There is an interesting history on the topic–in the ‘old days’ judges sometimes tried to force the jury to find a certain way. This concept should be explained to all people when they go on a jury, but judges don’t like it because it doesn’t go along with what they think a jury should do.

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