Getting it Backwards: “The Nullifiers Lost in 1865”
Whenever states take action to resist federal laws, some condescending person is bound to say “This was settled in 1865. The nullifiers lost.” But they’ve got it backwards.
Whenever states take action to resist federal laws, some condescending person is bound to say “This was settled in 1865. The nullifiers lost.” But they’ve got it backwards.
One of the most basic principles of the Constitution is that it is based on delegated and reserved powers.
More than two dozen states circumventing federal prohibition has exposed a serious achilles heel which proves that nullification by noncompliance works.
This reveals a fundamental misunderstanding of the Constitution.
"In a stunning setback to federal prosecutors planning to try the Bundy family patriarch and two adult sons later this year, the jury acquitted Ricky Lovelien and Steven Stewart of all 10 charges, and delivered not-guilty findings on most charges against Scott Drexler and Eric Parker. More than 30 defendants' supporters in the courtroom broke into applause after Chief U.S. District Judge Gloria Navarro ordered Lovelien and Stewart freed immediately and set Wednesday morning hearings to decide if Parker and Drexler should remain jailed pending a government decision whether to seek a third trial."
To stop federal acts, James Madison recommended a “refusal to cooperate with officers of the Union.” Over 170 years of supreme court precedent supports this strategy too.
The following post is excerpted from the script for Nullify: Season 1. Watch all the videos from this series at this link – and Become a member here to support the TAC. Defeating federal acts with state-level resistance is like a chess match. An aggressive attack might be exciting, but slow, steady, and strategic usually wins the game. Some people say…
Nullification does NOT rely on federal courts overturning a federal law. And sometimes states win even when federal courts are against them.
On December 5,1933, the 18th amendment was repealed by the 21st amendment, ending alcohol prohibition. What most people don’t know is that state and local nullification created the atmosphere where this repeal was inevitable
Northern states were so effective at nullifying the fugitive slave act of 1850, that they were successful even in the face of a threat to use the US military to stop them.