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Posts Tagged ‘Nullification’

How to Avoid Civil War: Decentralization, Nullification, Secession

Posted by M. C. on December 5, 2019

The FBI and CIA will go to even greater lengths to ensure the voters are never again “allowed” to elect anyone who doesn’t receive the explicit imprimatur of the American intelligence “community.”

It is true, however, that if the idea of a legally, culturally, and politically unified United States wins the day, Americans may be looking toward a future of ever greater political repression marked by increasingly common episodes of bloodshed. This is simply the logical outcome of any system where it is assumed the ruling party has a right and a duty to force the ways of the one group upon another. That is the endgame of a unified America.

https://mises.org/wire/how-avoid-civil-war-decentralization-nullification-secession?utm_source=Mises+Institute+Subscriptions&utm_campaign=fe934d9513-EMAIL_CAMPAIGN_9_21_2018_9_59_COPY_01&utm_medium=email&utm_term=0_8b52b2e1c0-fe934d9513-228343965

It’s becoming more and more apparent that the United States will not be going back to “business as usual” after Donald Trump leaves office, and it is easy to imagine that the anti-Trump parties will use their return to power as an opportunity to settle scores against the hated rubes and “deplorables” who dared attempt to oppose their betters in Washington, DC, California, and New York.

This ongoing conflict may manifest itself in the culture war through further attacks on people who take religious faith seriously, and on those who hold any social views unpopular among degreed people from major urban centers. The First Amendment will be imperiled like never before with both religious freedom and freedom of speech regarded as vehicles of “hate.” Certainly, the Second Amendment will hang by a thread.

But even more dangerous will be the deep state’s return to a vaunted position of enjoying a near-total absence of opposition from elected officials in the civilian government. The FBI and CIA will go to even greater lengths to ensure the voters are never again “allowed” to elect anyone who doesn’t receive the explicit imprimatur of the American intelligence “community.” The Fourth Amendment will be banished so that the NSA and its friends can spy on every American with impunity. The FBI and CIA will more freely combine the use of surveillance and media leaks to destroy adversaries.

Anyone who objects to the deep state’s wars on either Americans or on foreigners will be denounced as stooges of foreign powers.

These scenarios may seem overly dramatic, but the extremity of the situation is suggested by the fact that Trump — who is only a very mild opponent of the status quo — has received such hysterical opposition. After all, Trump has not dismantled the welfare state. He has not slashed — or even failed to increase — the military budget. His fights with the deep state are largely based on political issues, and not on major policy disagreements. Trump, for example, sides with the surveillance state on matters such as the prosecution of Edward Snowden.

His sins lie merely in his lack of enthusiasm for the center-left’s current drive toward ever more vicious identity politics. And, more importantly, he has been insufficiently gung ho about starting more wars, expanding NATO, and generally pushing the Russians toward World War III.

For even these minor deviations, we are told, he must be destroyed.

So, we can venture a guess as to what the agenda will look like once Trump is out of the way. It looks to be neither mild nor measured.

And then what?

In that situation, half the country — much of it from the half that calls itself “Red-State America” may regard itself as conquered, powerless, and unheard.

That’s a recipe for civil war.

The Need for Separation

But how can we take steps now to minimize this polarization the damage it is likely to cause?

The answer lies in greater decentralization and local autonomy. But as long as most Americans labor under the authoritarian notion that the United States is “one nation, indivisible” there will be no answer to the problem of one powerful region (or party) wielding unchallenged power over a minority.

Many conservatives naïvely claim that the Constitution and the “rule of law” will protect minorities in this situation. But their theories only hold water if the people making and interpreting the laws subscribe to an ideology which respects local autonomy and freedom for worldviews in conflict with the ruling class. That is increasingly not the ideology of the majority, let alone the majority of powerful judges and politicians.

Thus, for those who can manage to leave behind the flag-waving propaganda of their youths, it is increasingly evident that something other than repeating bromides about teaching high-school civics, reading the Constitution, or electing “strong leaders” will have to be done.

As I’ve noted in the past, the notion of increasing local autonomy through nullification and secession has long been gaining steam in Europe, where referendums on decentralization are growing more frequent.

And conservatives are increasingly seeing the writing on the wall. Among the more insightful of these has been Angelo Codevilla. In 2017, Codevilla, writing in the Claremont Review of Books, laid out a blueprint for local opposition to federal power and noted:

Texas passed a law that, in effect, closes down most of its abortion clinics. The U.S. Supreme Court struck it down. What if Texas closed them nonetheless? Send the Army to point guns at Texas rangers to open them? What would the federal government do if North Dakota declared itself a “Sanctuary for the Unborn” and simply banned abortion? For that matter, what is the federal government doing about the fact that, for practical purposes, its laws concerning marijuana are being ignored in Colorado and California? Utah objects to the boundaries of national monuments created by decree within its borders. What if the state ignored those boundaries? Prayer in schools? What could bureaucrats in Washington, D.C., do if any number of states decided that what the federal courts have to say about such things is bad?

Now that identity politics have replaced the politics of persuasion and blended into the art of war, statesmen should try to preserve what peace remains through mutual forbearance toward jurisdictions that ignore or act contrary to federal laws, regulations, or court orders. Blue states and red states deal differently with some matters of health, education, welfare, and police. It does no good to insist that all do all things uniformly.

And by 2019, the need for separation was becoming more urgent. Last week Codevilla continued in this line of thinking:

[A]fter the 2020 elections ordinary Americans will have to deal with the same dreadful question we faced in 2016: How do we secure and perhaps restore our fast-diminishing freedom to live as Americans? And while we may wish for help from Trump, we have to look to ourselves and to other leaders for how we may counter the ruling class’s manifold assaults now, and especially in the long term…

The logical recourse is to conserve what can be conserved, and for it to be done by, of, and for those who wish to conserve it. However much force of what kind may be required to accomplish that, the objective has to be conservation of the people and ways that wish to be conserved.

That means some kind of separation.

The rest here

Be seeing you

Project MKUltra: The CIA's Dally with Mind Control

 

 

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Forget “States’ Rights” — States Are Too Big, Too | Mises Wire

Posted by M. C. on May 4, 2019

Many of these efforts have little to do with gun control, but there is nothing special about gun rights and its relationship with decentralization. This same strategy can likely be replicated with other issues such as business regulation, taxation, and drug law enforcement…

https://mises.org/wire/forget-states-rights-%E2%80%94-states-are-too-big-too

As Justin Murray wrote last month, Washington was one of the first few states to spark a sheriff’s revolt against gun control. Now, sheriffs in other states have followed suit by refusing to enforce state gun control. At first glance, this appears to be a national nullification movement in the making.

These moves were in response to I-1639, Washington’s voter-approved measure which enacted background checks, raised the age to buy semi-automatic rifles to 21, established a 10-day waiting period for semi-automatic rifle purchases and mandated gun owners follow state guidelines for storage.

Instead of waiting for the Supreme Court to save them or making a futile attempt to lobby the Washington legislature, counties in rural Washington are taking things into their own hands. Additionally, certain activists are floating the idea of creating the new state of “ Liberty ” by splitting the state in two. Other counties in Colorado, Illinois, Maryland, and New Mexico, have followed suit with their own pro-gun resolutions.

Is Nullification the Way to Go?

Before President Trump was elected, there was a ton of hype behind his presidency being potentially the most pro-gun ever . Establishment gun lobbies were already talking about the prospect of licensed carry reciprocity at the national level and a potential de-regulation of firearms accessories, like suppressors .

Presently, the Trump administration has been a disappointment on guns so far. Some of the largest gun control measures since the Brady Act — Fix NICS and the Justice Department’s bump stock ban — were passed under a supposedly “pro-gun” president’s watch. Further, Trump’s Bureau of Alcohol, Tobacco, Firearms and Explosives has topped the Obama administration’s war on private guns. So much for a “pro-gun” presidency.

Especially after the failure to pass a misguided national reciprocity bill, gun owners in anti-gun states are starting to recognize that the neither their state or federal governments are going to save them.

Why There’s Something to Fighting Gun Control Locally

Read the rest of this entry »

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Our Low-IQ Elites Strike Again – LewRockwell

Posted by M. C. on December 2, 2018

Do yourself a favor:

http://www.tomwoods.com/itunes

And please spread that link around to libertarians and other heterodox folk who have had it up to here with the 3×5 card of allowable opinion.

https://www.lewrockwell.com/2018/11/thomas-woods/our-low-iq-elites-strike-again/

By 

Tom Woods Show

Evidently the acting Attorney General believes, correctly, that the states have the power to nullify unconstitutional federal laws.

So the usual suspects went berserk, and trotted out the usual nonsense arguments.

I’m especially entertained when law professors speak against state nullification. Why, they didn’t learn this in law school! Which is why, as Kevin Gutzman says, one should never confuse legal training with an education.

What law school students learn are a series of cases, and implicitly the nationalist theory of the Union. The compact theory, developed in detail by the Jeffersonians and which makes far more sense of the historical record, is simply ignored.

Also ignored are the ratifying conventions, which is where James Madison told us the meaning of the Constitution was to be found. John Marshall, in nearly 35 years as Chief Justice, did not cite the ratifying conventions even once.

But there we find assurances that the federal government will have only the powers “expressly delegated” to it, and at the all-important Richmond ratification convention we read that Virginia will be “exonerated” if the federal government should reach beyond the delegated powers.

No wonder the so-called progressives prefer to ignore them. Read the rest of this entry »

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The James Madison Passage They Keep Buried – LewRockwell

Posted by M. C. on November 18, 2018

https://www.lewrockwell.com/2018/11/thomas-woods/the-two-paragraphs-the-so-called-legal-experts-are-keeping-from-you/

By 

Tom Woods Show

Whitaker has made friendly remarks about nullification. This is not allowed, even though Thomas Jefferson said the states could nullify unconstitutional federal laws.

(No modern critic of the idea ever mentions Jefferson’s name. They’re afraid if we know Jefferson supported it, we peons might get ideas.)

CNN legal analyst Renato Mariotti offered these deep thoughts:

”‘Nullification’ was a legal argument made by Southerners before the Civil War who believed their states could ‘nullify’ federal law. That argument was discredited after their defeat in the Civil War, but it was made again by racists opposing desegregation. And now by Whitaker.”

I document the actual history of nullification in some detail in my book Nullification. Mariotti’s version reads like a third-grade essay, with a dash of Orwell.

On my podcast the other day I smashed Mariotti’s little lecture to smithereens.

In a later Tweet he berated Whitaker for his disparagement of judicial review.

Warned Mariotti: “The government could pass a law imprisoning journalists and no court could review it.”

Well, guess what: the government did pass a law like that, in 1798, and a lot of good the Court did. It was only at the state level that a spirit of resistance could be found.

Even if the Court had reviewed the law, what is the chance a bunch of robed Federalists were going to overturn the Alien and Sedition Acts?

And that, according to James Madison in the Report of 1800, is why we have state nullification: when the three branches of the federal government betray us — yes, even the demigods of the Supreme Court — the states have the final say.

guarantee you did not come across this passage in school, at any level: Read the rest of this entry »

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Watch “Nullification: Interview with a Zombie” on YouTube

Posted by M. C. on September 8, 2018

Host Zombie sounds like…you fill in the blank.

Yes, we like nullification.

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Nullification and Secession: Solutions or Talking Points? | Abbeville Institute

Posted by M. C. on September 5, 2018

https://www.abbevilleinstitute.org/blog/nullification-and-secession-solutions-or-talking-points/

By 

Many of us in the South have maintained our faith in the Constitutional right of nullification and secession despite the efforts of massed, bloody, Yankee bayonets. But is the talk about nullification and secession an earnest effort to put forward solutions to an out of control, Deep State, supreme federal government or is it merely an exercise in heady political calisthenics?

I belong to the tribe that believes nullification and secession are the only real solutions to the current out of control supreme federal government. To demonstrate the validity of my belief, I will pose and answer three fundamental questions: (1) Are the concepts of state nullification and secession legitimate American political principles? (2) Is the current supreme federal government a legitimate governing authority? and (3) Would the modern-day acceptance of state nullification and secession be so unworkable that it would destroy the United States?…

Even the High Federalist Alexander Hamilton was forced to admit that the Sovereign States had the right to protect their citizens from an abusive federal government: Read the rest of this entry »

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5 Stories You Missed While The Media Was Obsessing Over Michelle Wolf’s Speech | The Daily Bell

Posted by M. C. on May 4, 2018

http://www.thedailybell.com/news-analysis/5-stories-you-missed-while-the-media-was-obsessing-over-michelle-wolfs-speech/

By Rachel Blevins

1. Military-industrial complex stocks crashed in response to a historic peace deal between North and South Korea…

That is why the warparty is always doing it’s thing.

2. The same people who begged for universal healthcare to save dying babies stayed silent as the UK government killed Baby Alfie…

Death panels live. Read the rest of this entry »

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There Are Two Kinds of Nullification, Three If You Count Marriage

Posted by M. C. on October 2, 2012

One is the kind exemplified by the Tenth Amendment Foundation. The idea being the federal government can pass laws only in affairs that are interstate. One recent example of this is where a gun manufacturer who only sells intrastate rightly claims he is not subject to BATF oversight. The tenth amendment has been overlooked for so long that any mention brings instant disdain. “Nonsense! We have always had the power” say those with the power.

The second is jury nullification. Read the rest of this entry »

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