Nullification: Limits on Government
David L. Kelly
14 July 2010
Nullification is not an obsolete theory as many historical scholars and federalists would want you to believe. Nullification, the process of making null or of no effect, is in fact a theory which can be practiced by every individual on any given day. It is driven by freedom of choice and is granted to us at birth as an unalienable right. With that said, I’m sure the Obama administration will circle the wagons and declare an emergency at the first hint of trouble from the states, while not truly understanding the effects of nullification.
Nullification separates free people from forced servitude or slavery. It is a fact that the thirteen colonies were independent sovereign states which voluntarily joined together under the umbrella of a federal government. Each colony at the end of the American Revolution was a separate sovereign country or state. Each state had formed its own government, with a constitution, approved by the people of the state. This fact is as true today as it was when the Constitutional Convention was held in 1789. Yes, Colorado is a sovereign state (country) which has agreed to be part of the united States by accepting the terms in the U. S. Constitution. In simpler terms: Colorado entered into a contract with the federal government of the united States. 
A contract is an agreement between and by all parties. So if any party does not agree to all of the terms, then that party had best not sign that agreement. I’m one of those individuals who will cross out any part of an agreement that is preprinted and thrust in front of you when you’re buying a car, house, or even filling out the legal paper work before a simple surgery. If I’m going to agree to the terms of any agreement, I want to be sure I know what I’m agreeing to. As an example, everyone who knows me and my recalcitrant ways knows also I will never agree to arbitration. So if it’s hidden in the legalese of a contract I’m considering signing, I’ll find that clause, “x” it out and “nullify” the arbitration portion of the contract. If the other parties don’t agree to my nullification of the arbitration, then we all walk away. It’s that simple.
The 9th amendment of the U.S. Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The 10th amendment of the U. S. Constitution:
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.
Getting back to Colorado and the U. S. Constitution. If the federal government passes and imposes laws or mandates that are not delegated or enumerated to the federal government as a power or right, then the people and the states have the final say.
This is where nullification becomes a key tool in keeping the federal government from usurping the Constitution. The problem is that too many people and state representatives have no true understanding of the Constitution nor the rights of the states. Many will use the ambiguous and misused argument associated with the “supremacy” clause or “general welfare” clause which seem an end all to states rights. Others choose to remain ignorant or expose their hubris-infected minds by agreeing with the federal government, like many a politician in office today or seeking office.
The ink may be dry and aged on that sacred parchment, but have no fear, the strength of that contract remains and must be used as our founders intended: to keep limits on government
Nullification is a term I’m sure will become a household word before November’s general election. The Independence Institute is in the process of collecting signatures to place an initiative on the ballot which will nullify Obamacare’s unconstitutional mandate that everyone must have health insurance. This initiative is well within the rights of the people and the state of Colorado as agreed to in the Constitution.
To regain our liberties and to live free under limited federal government: it is up to us to demand that our state representatives uphold their sworn responsibility to adhere and abide by the Constitution. Even if that means enforcing our rights of nullification of all unconstitutional federal mandates and legislation. If our representatives are unable to fulfill their Constitutional obligations, we must remove them and replace them with those who will support the Constitution in its entirety.
“Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master” (George Washington)
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advocates for Liberty, Freedom, Limited Government and Free Markets. He leads the Liberty on the Rocks—Colorado Springs Chapter, delivering “Tavern Style Politics in the Tradition of our Founding Fathers.” (www.libertyontherocks.org) David is also the co-founder of For What is Right (www.forwhatisright.org) which will be bringing Constitutional education opportunities in the near future to all, young and old.
