CNN & Nullification Misinformation
by KrisAnne Hall, JD
During a September 2013 campaign speech, Interim US Attorney General Matthew Whitaker made some very bold comments that have the federal supremacists in defensive battle mode. Whitaker said,
"Now we need to remember that the states set up the federal government and not vice versa. And so the question is, do we have the political courage in the state of Iowa or some other state to nullify Obamacare and pay the consequences for that?"
"The federal government's done a very good job about tying goodies to our compliance with federal programs, whether it's the Department of Education, whether it's Obamacare with its generous Medicare and Medicaid dollars and the like," he added. "But do I believe in nullification? I think our founding fathers believed in nullification. There's no doubt about that."
A federal supremacist at University of Texas, law professor and CNN contributor Stephen Vladeck, according to an article on CNN by Andrew Kaczynski, calls Whitaker’s statements "irreconcilable not only with the structure of the Constitution.” Interestingly this federal supremacist attitude was not supported by the chief Justice of the United States Supreme Court even when he declared the mandate to be a tax. John Roberts, writing for the majority in the first Affordable Care Act opinion, NFIB v Sebelius, 567 U.S. 519 (2012) confirms Whitaker’s understanding of the State’s authority to nullify Obamacare. As a matter of fact, Roberts gives the States a directive to nullify Obamacare if they did not want to “embrace” these policies as their own, citing Massachusetts v. Mellon, 262 U. S. 447, 482 (1923), as his agreeing precedent.
“In the typical case we look to the States to defend their prerogatives by adopting “the simple expedient of not yielding” to federal blandishments when they do not want to embrace the federal policies as their own. Massachusetts v. Mellon, 262 U. S. 447, 482 (1923) . The States are separate and independent sovereigns. Sometimes they have to act like it.”
This is the same reasoning SCOTUS used in 1997 in Mack, Printz v US when it decided against the federal government and certain Brady Bill provisions. The court reasoned that………………….
Federal supremacist Stephen Vladeck continues his criticism of the principle of Nullification by saying that Nullification is contrary to the text of the Constitution itself, citing the Supremacy Clause of Article VI, which he claims “not only makes federal law supreme, but expressly binds state courts to apply it.” Since Mr. Vladeck is a professor one would have to assume that he can read. It then leads this author to the inevitable conclusion that Vladeck must be intentionally deceiving his readers by not accurately quoting the text of Article VI clause 2. To clear up the confusion laid before us by Vladeck, and in full disclosure let’s just look at this clause in its entirety:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
A simple, elementary reading of this clause indicates Vladeck’s deception. This clause does not make federal law supreme. Quite to the contrary, it makes the Constitution supreme and places all other laws beneath it. According to the Supremacy Clause not all federal laws are supreme, only those laws that are made “in pursuance to the Constitution.” When federal laws are not made in pursuance to the Constitution, those laws are not supreme, and as this language of the Constitution asserts, the Judges in every State are NOT bound by them. Time and again, the drafters of this clause make this principle abundantly clear:
“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.” Alexander Hamilton, Federalist 78
“…the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law.” James Wilson Pennsylvania Ratifying Convention 1787
Andrew Kaczynski, comments in apparent shock that Whitaker would refer to the courts as the “inferior branch of the federal government.” Apparently he has never taken the time to read how the courts were formed and the purpose and limit to judicial power as described by the people who created this branch of government. One statement made by Alexander Hamilton should help us to see that once again Whitaker is right, and the federal supremacists are wrong:
“This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power…” Federalist #78
Hamilton’s comments were one of concern that the judiciary being the weakest branch would need to be supported by the people to ensure that it was not abused by the other two branches. Whitaker’s statement about the judiciary being the inferior branch of the federal government should not be shocking to the American people, it should be, as Hamilton identified it, “incontestable.”
These federal supremacists, when attacking the Constitution’s foundational principles will always revert to a common fallacy of logic to appeal to the emotion of the people by name-calling and labeling. In this particular context, the popular fallacy implied by both Vladeck and Kaczynski is that people who support Nullification are racists and that the principle of Nullification was a racist tool used in the Civil War to protect the institution of slavery and in the Civil Rights movement to oppress blacks. Calhoun’s defense of nullification and Mississippi’s resistance to Brown is selectively highlighted to drive home their point. Yet they also have to selectively OMIT the use of nullification by abolitionist States to defy federal laws of the fugitive slave act and to ignore the Supreme Court’s opinion in Dred Scott that men were property. Without Nullification by these abolitionist States, the federal government, with the full support of the Supreme Court would have protected the institution of slavery and defied the principles of the Declaration of Independence and the Constitution that “all men are created equal and endowed by their Creator with certain unalienable Rights…” We are supposed to accept that the misuse of a principle makes the principle itself invalid (Sounds a great deal like the anti gun argument.) They also selectively omit the use of nullification to defy federal marijuana laws, and federal laws banning gay marriage. AND they don’t seem to want to talk about the MISUSE of nullification by California to defy the Uniform Code of Immigration and Naturalization because THAT misuse of nullification is SUPPORTED by these leftists who want anti-constitutional sanctuary cities dotting the land.
CNN’s legal analyst, Michael Zeldin attempts to deny these facts by claiming that the principle of Nullification is “purely political.” That is an interesting comment considering that every claim this article levels against Nullification is purely political and not legal. The drafters of the Constitution asserted time and time again that unconstitutional federal laws were “null and void,” and that they were “no law at all.” Who can claim, with any semblance of legal reasoning that a law that is null and void, that carries the weight of no law at all, should bind anyone, anywhere? Therefore the justification for anti-nullifiers is purely political. The purely political nature of these supremacist, anti-nullifiers is supported by the reality of their hypocrisy mentioned above. Whitaker makes the statement that States can and should nullify “Obamacare” and these supremacists lose their ability to reason. However, when States assert that they do not have to follow the federal Uniform Rules of Naturalization, or do not have to recognize federal marijuana laws, these political activists disguising themselves as “legal analysts” or “professors of the Constitution” all fall silent. Yes, federal supremacy has to be purely political because it has no factual or historical foundation in America or the Constitution.
Finally, CNN’s federal supremacists, as do most federal supremacists, assert a final defense to their indefensible argument of complete federal supremacy by raising aloft the standard of judicial idolatry, namely a distortion of Supreme Court Opinion in Marbury v. Madison, 5 US 137 (1803). Sadly, we have are so far removed from this opinion written in 1803, by Chief Justice John Marshall, I wonder if any modern law professor, pundit, or analyst has actually read the case. I believe the overwhelming majority have simply read and accepted the summary and definition provided to them by some modern law book. Once again, actually reading the case affirms the supremacy of the Constitution and the invalidity of laws made by Congress that are inconsistent with that document. Here is a small sampling:
“The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.
If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law; if the latter part be true, then written Constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void.
This theory is essentially attached to a written Constitution, and is consequently to be considered by this Court as one of the fundamental principles of our society. It is not, therefore, to be lost sight of in the further consideration of this subject.
If an act of the Legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the Courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory, and would seem, at first view, an absurdity too gross to be insisted on.” Marbury v. Madison, 5 US 137, 177 (1803) (emphasis mine).
Marbury v. Madison does not deny nullification. It does not deny the State’s authority to be an essential check and balance to unconstitutional federal power. Considering both the Kentucky Resolution of 1799 and the Virginia Resolution of 1800, the fact that this court is actually glaringly silent on this issue, says to the people that nullification was not contradicted by this court. Marbury did, however, incontestably establish the Constitution as supreme over federal laws. It did not establish the court’s power to be the ultimate arbiters of the Constitution. It did reaffirm the court’s duty, as established by the creators of the Constitution, to be a check on the legislative branch using the Constitution as the standard.
When supremacists like Vladeck, Zeldin, and their ideological kinfolk in the law schools & think tanks say “all federal laws are supreme,” when they declare the federal government through their courts to be “the ultimate arbiters” of the Constitution, they are not only operating contrary to the language of the Constitution itself, but contrary to Marbury v Madison which they have reshaped into their own image. They are asserting a gross and absurd reality that denies not only the words of the Constitution, the tenor in which it was written, but they are also declaring the people of America are not free, but mere subjects to an oligarchy of their choosing; today the legislature, tomorrow the judiciary. Who rules, to them, is merely dependent upon which political tribe happens to hold power. Their assertion of arbitrary power is so radical and so contrary to the principles of Liberty, they have to resort to label-lynching and fallacies of logic. They have no basis in fact or history, so they want to scare and intimidate every American from learning the truth.
This political bullying will only stop when the people learn truth and those who know truth are no longer afraid to speak it out loud, just like Mr. Whitaker. I applaud Matthew Whitaker for his statements. I just hope he has the courage to live up to his convictions and not be bullied by the tired accusation of being racist simply because political loyalist are afraid his action may support the big orange boogeyman that they all love to hate.
To learn more about Nullification and the duty of the States get KrisAnne's book Sovereign Duty or enroll at www.LibertyFirstUniversity.com
Vetting Kavanaugh According To The Constitution
By KrisAnne Hall, JD
When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can possibly do, constitutionally speaking. The President’s powers are very limited and defined according to Article 2 of the Constitution and he has very little authority to personally impact the lives of the people, except through this power to nominate judges and justices. Yet, according to the Constitution, this is only 1/3 of the process necessary to seat a justice. A person may be nominated by the president to be a justice, but a justice is not seated until the person is vetted and confirmed by the Senate. The bifurcation of this process was an intentional safeguard to ensure the appointment of a justice that would be independent of both the executive and legislative branches and to ensure that the judicial branch would remain true to the Constitution, rather than ruled by politics.
Now that Kavanaugh’s vetting process has begun, it is time for the American people to be reminded of a few of the essential duties of a Supreme Court justice and the principles that ought to govern those who occupy that bench. It is by these terms only that our Senators can truly select the justice that America needs, rather than the person the political parties want.
First and foremost, we need a justice that is dedicated to the Constitution; not to ideology, politics, or personal agendas. America does not need a liberal activist justice. America does not need a conservative activist justice. America needs a justice who is versed in the proper application of the Constitution through the Original Intent of the drafters. If that term “Original Intent” seems a bit frightening, it is only because we have taught the wrong things about our Constitution for a very long time. Originalism is not only the correct legal way to apply the Constitution, it is the only way that guarantees and secures Liberty. Original Intent is not slavery, misogyny, or bigotry; it is the exact opposite. Original Intent is a return to the principles that make America the desire of so many of those in foreign countries for hundreds of years. A return to Original Intent declares that Liberty is the right of all human beings and their government is established to protect those rights, not regulate them. A return to Original Intent is an undeniable application of Liberty and Justice for all. A return to Original Intent says that we are able to be free individuals by choice, not permanent slaves by the authoritarian stranglehold of government.
We need a justice that understands the limited authority of the judiciary as established by the Constitution. America must break free from the dangerous ideology that the supreme Court issues “rulings” and their “rulings” become the “law of the land.” Judges do not issue rulings; kings issues rulings, judges render opinions and those judicial opinions have a very limited scope of authority. A judicial opinion is only binding upon the parties of the case, whereas a king’s ruling controls a whole land. A judicial opinion cannot reach outside the courtroom to the general population as a whole, that would mean that our supreme Court is an Oligarchy of 9 kings and queens who rule over the whole land with unquestionable authority. This is just common sense, yet this concept seems to escape our general knowledge. If court opinions could bind the general public then only one supreme Court opinion would be necessary for all time and the executive branch could simply incarcerate every American based upon that opinion without a trial or any form of due process. The fact that every person has the Right to due process proves this principle. If the Rights of the people are to be preserved, supreme Court opinions cannot take the place of legislations and be viewed as the “law of the land.” Yet, nearly every American has heard a professor, judge, lawyer, politician, or pundit say, “Roe v. Wade is the law of the land.” This statement is erroneous and creates a mentality in America that is fundamentally dangerous to liberty. Roe v. Wade is a supreme Court opinion that is only binding upon Roe, Wade, and the other parties of this case, it is not law! Law making is reserved to the legislative branch alone. James Madison, historically referred to as “the Father of the Constitution” gave us this principle of Liberty:
“There can be no liberty if the power of judging be not separated from the legislative and executive powers.‘’
Alexander Hamilton, Delegate for New York at the Constitutional Convention, echoes this instruction.
“…the general liberty of the people can never be endangered from [the judiciary]; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive.”
When supreme Court opinions hold the force of law, are viewed by the American people and their courts as the law, the Liberty of the people is truly in peril.
America needs a supreme Court justice that knows that the Constitution is a compact between the States that created three branches of the federal government; the legislative, executive and judicial, and what that legal principle truly means. The supreme Court is designed to be independent of the political influence of the legislative and executive branches but it is not independent of the Constitution. The supreme Court should not be seen the “ultimate arbiter” of the meaning of the Constitution as that premise would place the supreme Court legally above the very document that created it. For the court to hold the authority to determine the meaning of the compact that determines the limits of its own power establishes that the judiciary, not the Constitution, is the defining entity for the federal government. If the judiciary, who is part of the federal government, holds the authority to define the limits to the federal power, then the only limit to federal power is itself. When that happens, America ceases to be a Constitutional Republic, and becomes an Oligarchy of Nine. The Constitution enumerates the specific powers of the judiciary in Article III of the Constitution. The judiciary has no power beyond that specific enumeration and the Constitution does not vest the ultimate meaning of the Constitution in the body of the judiciary. Alexander Hamilton makes this poignant observation in Federalist #83:
“…an affirmative grant of special powers would be absurd as well as useless, if a general authority was intended.
The ultimate authority governing the meaning of the terms of the Constitution, by the dictate of contract law, falls upon the parties who created the Constitution; the States. Our founders gave this legal instruction many times during the process of creating the Constitution, but none say it better than James Madison:
“…the powers of the federal government as resulting from the compact to which the states are parties;” in other words, that the federal powers are derived from the Constitution; and that the Constitution is a compact to which the states are parties.”
“If the decision of the judiciary be raised above the authority of the States… dangerous powers, not delegated, may not only be usurped and executed by the other departments, but that the judicial department, also, may exercise or sanction dangerous powers beyond the grant of the Constitution. consequently, that the ultimate right of the States, to judge whether the Constitution has been dangerously violated, must extend to violations by one delegated authority as well as by another--by the judiciary as well as by the executive, or the legislature.”
America needs a constitutionally sound supreme Court justice. One who understands the supremacy of the Constitution, the limited and defined nature of the authority of the judiciary and why strict adherence to these principles is the only means by which the American people can truly live up to the standards that America was founded upon:
We hold these truths to be self-evident that all men are Created equal and endowed by their Creator with certain inalienable rights…”
When our founders penned and signed their pledge to these words, they meant it just as it was written. In fact, Jefferson’s original draft was even more pointed in its anti-slave stance. They could have very well written “all free-men or white men are Created equal” but they did not. They were declaring that this Creator they reference made ALL MEN (gender neutral application) in His image and that through this creation all are inherently free. Even as some of these men struggled to extricate themselves from the dominant feature of their time (Jefferson most notably), they knew that the seed of liberty they sowed in their day would grow and that future generations would be able to fully realize the drafters’ dream of Liberty and Justice FOR ALL. Only a truly constitutional justice will know and understand this. Only a truly constitutional justice will put liberty over security, principle over party, and the rights of the people over personalities in power. America needs a truly constitutional justice, and that is what our Senators have a duty to provide.
If you would like a better understanding of how our Constitution created our federal judiciary, our online educational program called Liberty First University, will give you that understanding free from historical revision and political propaganda. We have both online courses on the judiciary and DVDS available for in home, church, and group meetings. You can find us at www.LibertyFirstUniversity.com
In light of President Trump’s nomination of Brett Kavanaugh to the Supreme Court, the left hasn’t changed its playbook. So, it is no surprise to hear claims that appointing an “Original Intent” Justice will bring back Jim Crow and chattel slavery. A reasonable look
at history (which is not to be expected from the left) should give rise to the opposite conclusion. A SCOTUS Justice who follows original intent should be viewed as a safeguard against a racist court. IF you will read to the end you will understand what I mean.
The infamous case of Scott v. US (The Dred Scott Decision) was NOT an example of Original Intent but of judicial activism. In Scott v. US the Supreme court through a series of historical errors, ignorance and racist reasoning wrongly declared that the Constitution never intended to make black men citizens and therefore intended for them to be property. They ignored the history of freed blacks in America, ignored the drafters’ own words, and inserted meaning into the Constitution’s text that could not be found in its plain reading.
The court’s judicial summary of the Dred Scott case is rich with historical revision and falsehoods and demonstrates the court’s venture outside of the text. The court claimed, “The only two clauses in the Constitution which point to this race treat them as persons whom it was morally lawfully to deal in as articles of property and to hold as slaves.” Of course, there are no clauses in the Constitution that identify the “African race,” this was read INTO the text by the racist court. The clauses in question reference persons who are “other than” freeperson and a “Person held to Service or Labour.” This could equally apply to the over 300,000 English, Irish, and Scottish slaves brought to the American colonies between 1618 to 1775. Yet, we do not hear the racist Dred Scott Court or any other person for that matter attempting to argue that an Irishman, Scotsman, or poor white English slave would not be a citizen if freed; that their children if born free would not be citizens.
This is a guest article by our dear friend Victor Sperandeo. Mr. Sperandeo was a 2008 inductee into the Trader Hall of Fame by Trader Magazine and has been included on Ziad Adelnour’s list of top 100 Wall Streeters. Mr. Sperandeo was featured in the best-selling, The New Market Wizards: Conversations with America’s Top Traders, by
July 2nd is actually America’s #IndependenceDay
Our Independence was not the product of the Declaration of Independence, signed by John Hancock on July 4, 1776. On the contrary, the Declaration of Independence was the product of our Independence!
On June 7, 1776 a delegate from Virginia by the name of Richard Henry Lee proposed the “Lee Resolution.” The Lee Resolution was the 3 step process of declaring independence from our then government of Great Britain. The first clause of the Lee Resolution proposed:
“That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved;”
On July 2, 1776 the Lee Resolution was brought to the Continental Congress floor. It was debated, voted, and ratified into law by 12 of the 13 colonies, New York abstaining because the delegates claimed they were unsure of how their constituents wanted them to vote. Upon ratification of the Lee Resolution, our 13 colonies, became 13 independent sovereign governments. We were from that day forward no longer colonies, each State was then and there independent.
Our Independence Was a Legally Created Legislative Act just as binding as anything our Congress does today that is Constitutional.
Without the passing of the Lee Resolution, there would have been nothing to declare in the Declaration of Independence. As a matter of fact, the Declaration of Independence does not even claim to be the source of our independence, it merely boasts to be its declaration:
“We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly PUBLISH and DECLARE…”
The Declaration of Independence then goes on to quote the first clause of the Lee Resolution in its text.
Our founders did not establish July 4th as Independence Day, that was an honor given to July 2nd. John Adams documents this honor in a letter to his wife, Abigail on July 3, 1776:
“The Second Day of July 1776, will be the most memorable Epocha, in the History of America.
—I am apt to believe that it will be celebrated, by succeeding Generations, as the great anniversary Festival.
It ought to be commemorated, as the Day of Deliverance by solemn Acts of Devotion to God Almighty. It ought to be solemnized with Pomp and Parade, with Shews, Games, Sports, Guns, Bells, Bonfires and Illuminations from one End of this Continent to the other from this Time forward forever more.”
It Wasn’t Until 1870 That July 4th Became the National Holiday for commemoration of our independence.
Have a Blessed Celebration of Independence from a former tyranny and the subsequent building of a union of States in the name of Liberty First!