Jefferson once wrote, “When all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.”
The Nullification Crisis was a sectional crisis during the presidency of Andrew Jackson created by South Carolina's 1832 Ordinance of Nullification. This ordinance declared, by the power of the State itself, that the federal Tariff of 1828 and 1832 were unconstitutional and therefore null and void within the sovereign boundaries of South Carolina. The controversial, and highly protective, Tariff of 1828 (known to its detractors as the "Tariff of Abominations") was enacted into law during the presidency of John Quincy Adams. Opposed in the South and parts of New England, the tariff’s opponents expected that the election of Jackson as President would result in the tariff being significantly reduced
Nullification Proclamation 1832:
On December 10, 1832, President Andrew Jackson issued a proclamation to the people of South Carolina that disputed a states' right to nullify a federal law. Jackson's proclamation was written in response to an ordinance issued by a South Carolina convention that declared that the tariff acts of 1828 and 1832 "are unauthorized by the constitution of the United States, and violate the true meaning and intent thereof and are null, void, and no law, nor binding upon this State." Led by John C. Calhoun, Jackson's vice president at the time, the nullifiers felt that the tariff acts of 1828 and 1832 favored Northern-manufacturing interests at the expense of Southern farmers. After Jackson issued his proclamation, Congress passed the Force Act that authorized the use of military force against any state that resisted the tariff acts. In 1833, Henry Clay helped broker a compromise bill with Calhoun that slowly lowered tariffs over the next decade. The Compromise Tariff of 1833 was eventually accepted by South Carolina and ended the nullification crisis.
Nullification regarding the 9th and 10th Amendment
Nullification, a means for individual States to hold the Federal Government accountable to the 9th and 10th amendments. It gives States the right to declare any Federal Law or regulation that is unconstitutional null and void thereby making the sovereign people of that State unaffected by the unconstitutional federal mandate.
Nullification has been lost due to the government subsidized education programs over the past 2 decades. It was used when needed in the 1700s and 1800s by our founding fathers when the Feds overstepped their authority.
Even as calls for nullification of proposed federal health care mandates have intensified on the state level, an almost hysterical effort has arisen to discredit such measures, and paint them as part of an obsolete theory with no bearing on modern politics.
Now that the two major bills comprising ObamaCare, the Patient Protection and Affordable Care Act (Public Law 111-148, March 23, 2010) and the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152, March 30, 2010) have been passed into law, the fight to repeal ObamaCare has been embraced by many organizations. Some individuals and organizations are placing their hopes in the lawsuits being filed by the attorneys general of nearly 20 states. Some are relying on repealing ObamaCare in Congress. And, many others have concluded that the best strategy is nullification of ObamaCare on a state-by-state basis, thus utilizing the Nullification Process.
An outright repeal of the two ObamaCare bills by Congress would be ideal; however, even if the makeup of Congress changes sufficiently in both the Senate and House in the fall 2010 elections to pass repeal legislation in 2011 or 2012, President Obama could still veto it. So, that means that outright repeal would depend on electing a new President in 2012 that would favor repeal. Once again, the process is lengthy. Nonetheless, the third strategy, nullification by state legislatures, could begin immediately in 2011 (and possibly in 2010 in those few states where such new legislation could still be introduced this year).
Nullification refers to the process by which a state passes a law declaring a certain federal law (or laws) to be null and void within that state based on the absence of constitutional authority for the federal government to pass such a law (or laws). Historian Thomas Woods has written an excellent brief history of state nullification of federal laws in his article, "The States’ Rights Tradition Nobody Knows."
In Nullification: How to Resist Federal Tyranny in the 21st Century, historian and New York Times bestselling author Thomas E. Woods, Jr. explains not only why nullification is the constitutional tool the Founders envisioned, but how it works and has already been employed in cases ranging from upholding the First Amendment to knocking down slave laws before the Civil War.
State Rep. Matthew Shea’s (WA-4th) step-by-step plan to resist DC through the nullification process
Following are two links to State Rep. Matthew Shea’s (WA-4th) step-by-step plan to resist DC through the nullification process:
Resist DC: A Step-by-Step Plan for Freedom – Part 1
Resist DC: A Step-by-Step Plan for Freedom – Part 11
The five steps are summarized as follows and are described in detail in the above links:
1. Reclaim State Sovereignty through key Nullification Legislation
2. Erect an Impenetrable Barrier around the 2nd Amendment and the County Sheriff
3. Restore Sound and Honest Money
4. Introduce 10th Amendment Initiatives
5. Help your Sheriff become an Oath Keeper