Comments on: Tenth Amendment Center’s Interpretation of Nullification Destroys Constitutional Compact http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/ Conservative writer Tue, 18 Aug 2015 04:36:00 +0000 hourly 1 http://wordpress.org/?v=4.3 By: theBuckWheat http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3475 Fri, 10 Jan 2014 15:18:20 +0000 http://jenkuznicki.com/?p=4646#comment-3475 We must somehow seek a peaceful way to repair and redefine the Federal Government's powers and its relationship with the States and the People who vivified it in the first place. We now have a Leviathan State,one that has given itself permission to create enough money out of thin air that it can substantially fund its operations without having to ask the taxpayers for permission any more.

We now now that it has given itself the power, by the approval of a secret court, to suspend the Fourth Amendment when it deems it necessary, which strangely it almost always does. A government that can excuse away a key component of the Constitution is a government not bound by a Constitution.

Strangely, many people oppose a Convention or conference to alter the Constitution because they fear they might lose some precious right. I understand, but ask if the present trajectory of the Federal Leviathan is going to leave us with many rights as it arcs from today into the future. We must act while there is still time, and we still have the means to do so.

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By: Gary Mitchell http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3463 Thu, 09 Jan 2014 23:50:28 +0000 http://jenkuznicki.com/?p=4646#comment-3463 I think we all agree that there is no overt statement in the constitution allowing nullification. How ludicrous that would be: Federal Laws are supreme unless you feel they are unconstitutional, then you don't have to follow it. As bad as it is, there is a method that has been used to "officially" determine constitutionality for a couple hundred years. The problem is the supreme court is a group of men who can be bribed or blackmailed. we need to require our state legislators to require congress to call a convention to write amendments to bring the federal government back in line. It is not a perfect or easy fix, but I see no better way. Remember even if they come back with spurious or despicable amendments, they must be ratified by 3/4ths of the states.

While all nullification may not be the same as seceding, seceding is certainly the most severe form of nullification. The constitution does not forbid a state to secede from the union. And President Lincoln had no constitutional right to stop the southern states from seceding, but how did that work out? I posit that nullification has been tried and does not work so well.

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By: Michael Lewinski http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3462 Thu, 09 Jan 2014 22:17:27 +0000 http://jenkuznicki.com/?p=4646#comment-3462 Indiana's leader of the Senate, David Long, is leading an effort to organize a safe, limited Article V Convention. I can support such an effort if that can be accomplished. What I've asked him, and now you, is what makes you believe you have the time [many years] to accomplish such an amending of the Constitution through this process before the wheels come off and the Republic is no more?

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By: Jen Kuznicki http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3450 Thu, 09 Jan 2014 08:08:52 +0000 http://jenkuznicki.com/?p=4646#comment-3450 Then why did Madison and, by Madison’s pen, Jefferson, acknowledge, “No example of the inconsistency of party zeal can be greater than is seen in the value allowed to Mr. Jefferson’s authority by the nullifying party; while they disregard his repeated assertions of the Federal authority, even under the articles of confederation, to stop the commerce of a refractory State, while they abhor his opinions & propositions on the subject of slavery & overlook his declaration, that in a republick, it is a vital principle that the minority must yield to the majority..”

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By: Jen Kuznicki http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3449 Thu, 09 Jan 2014 08:01:20 +0000 http://jenkuznicki.com/?p=4646#comment-3449 nullification is secession as understood by Jefferson. You cannot operate within the compact while resisting authority over States by Federal Government. Mark Levin didn’t come up with Art V Convention of States, it was voted unanimously and written into the Constitution and ratified by the States.

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By: Greg http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3446 Thu, 09 Jan 2014 02:46:03 +0000 http://jenkuznicki.com/?p=4646#comment-3446 As far as Federal over State, the most commonly cited sources for this thinking is the "Supremacy Clause" of the Constitution. This clause was well debated to make sure that the particular view you're taking was not what was intended.

In the North Carolina Ratifying Convention, James Iredell explained that the supremacy clause meant only that:
“when Congress passes a law consistent with the Constitution, it is to be binding on the people.”
And he emphasized that:
“the question, then, under this clause, will always be whether congress has exceeded its authority.” ~ Elliot, Jonathan. Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d ed. Washington, D.C., 1836) Volume 4 page 179

William R. Davie, discussing the supremacy clause said a federal law stated:
“can be supreme only in cases consistent with the powers specially granted and not in usurpations.” ~ Elliot, Jonathan. Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d ed. Washington, D.C., 1836) Volume 4 page 182

In the Virginia Ratifying Convention, John Marshall assured the Ratifiers that the supremacy clause did not extend to all cases; that a federal law:
“not warranted by any of the enumerated powers’ would constitute “an infringement of the Constitution.” ~ Elliot, Jonathan. Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d ed. Washington, D.C., 1836) Volume 3 page 553

In the New York Ratifying Convention, Antifederalist’s saw “the Supremacy Clause” and pointed to it with alarm. Alexander Hamilton assured them that each government [federal and state] was supreme in its sphere, stressing that:

“this balance between the National and State governments…is of The Utmost importance…It forms a double security to the people.” ~ Elliot, Jonathan. Debates in the Several State Conventions on the Adoption of the Federal Constitution (2d ed. Washington, D.C., 1836) Volume 2 page 257

In Federalist #33, Hamilton wrote that laws:
"which are not pursuant to its Constitutional powers, but which are invasions of the residuary authorities of the States” will be merely “acts of usurpation," not "the supreme law of the land".

Chief Justice McKean told the Pennsylvania Ratification Conventions that the meaning of the supremacy clause:
“is simply this, that the Congress have the power of making laws upon any subject over which the proposed plan gives them a jurisdiction, and that those laws thus made in pursuance of the Constitution, shall be binding upon the States.” ~ McMaster, J. B., and Stone, F., Pennsylvania and the Federal Constitution 1787-1788 (Lancaster, Pa., Inquirer Printing, 1888). Page 277

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By: Javier http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3444 Thu, 09 Jan 2014 01:54:57 +0000 http://jenkuznicki.com/?p=4646#comment-3444 "Nope. Federal authority over States. There are several remedies before secession". Yes, like nullification rightly understood. I just came across this blog unfortunately. Your ideas about what nullification is is utterly confused and uniformed. You confuse nullification with secession as Mike Rogers posted above. Anyone who endorses Levin's book is not looking for serious changes. Perhaps you should demonstrate better familiarity with these articles … …

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By: dan http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3443 Thu, 09 Jan 2014 01:38:18 +0000 http://jenkuznicki.com/?p=4646#comment-3443 “This Constitution, and the Laws of the United States which shall be made in pursuance thereof…shall be the supreme law of the land.” It does not mean that Fed Authority over States.

laws which shall be made in ("pursuance thereof") emphasis added.

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By: Jen Kuznicki http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3438 Wed, 08 Jan 2014 23:46:26 +0000 http://jenkuznicki.com/?p=4646#comment-3438 Nope. Federal authority over States. There are several remedies before secession.

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By: Eddy S. http://jenkuznicki.com/2014/01/tenth-amendment-centers-interpretation-of-nullification-destroys-constitutional-compact/comment-page-1/#comment-3437 Wed, 08 Jan 2014 23:17:08 +0000 http://jenkuznicki.com/?p=4646#comment-3437 When the Feds pass legislation that defies the Constitution, is that breaking the compact?

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