As our members and the readers of this site well know, we have a long range plan we are working on to restore our constitutional government. In additon we are forced to fight a shorter term battle to stop the numerous bills being proposed by Obama and his left leaning congress. The short term fight is of importance to us because stopping these bills or eliminating them, or their effects, will buy us the time we need to achieve our longer term goal. It is for that reason that I am suggesting the following. It is not a plan to replace our long term plan, but one to assist in the implementation of it.
I have had numerous people looking for a plan of action and I provide one here that we can all get behind immediately while we are growing VOA. Let's make it happen folks. We need everyone's on this.
For some time now it has been apparent that the congress and the president care nothing about what we, the people, have to say about their spending, health care or any other bill they seek to pass. In recent weeks I have suggested to people that they apply pressure to their state governors and state legislatures and ask them to contact their senators and apply pressure from the state level to vote no on health care. It is perhaps getting a little late in the game to stop the bill by pressure from the state governments. I would continue that effort, however, there is now the likely possibility that the senate will use the nuclear option, if they have to, in order to pass the bill with only 51 votes. They may even get the 60 they need if all the democrats vote for it. We know the tactics and the deception they will use to do so.
Given the situation we are faced with I am going to recommend to all our members and friends that we need to change our direction with the following plan of action. If you are in a state tea party group or any other groups of concerned citizens please get this new plan initiated in your group for your state. It is action all states can do. It is called nullification and is the legal right of the states to prevent the federal government from exceeding their constitutional authority. The states simply refuse to comply. If even two thirds of the states nullify, the health care bill is dead but it is likely that three fourths of them could do so, if we, the people demand it.
There are a number of states currently attempting to re-exert states rights. Oklahoma, Montana, Texas, Arizona, Tennessee, and likely others have already taken steps to do so by trying to force a challenge by the federal government and so far the federal government has chosen not to attempt to stop them. If our states will do this we can stop Obamanonmics in its tracks...ALL THE BILLS. So instead of all this work fighting each bill that comes up, we fight one fight on the state level with the possibility of killing them all... if we succeed. We have nothing to lose in the effort, but the possibility of stopping them if we work this.
I have attached an explanation of the nullification process as well as a sample petition being circulated in the state of Texas. If you live in Texas, there is a link at the end of the article which you can click on to take you to the petition for signing. If you live in another state you may want to use something similar but some of the wording will need to be changed. This is but an example. I think, that it could be worded more effectively, but the idea is sound.
This is a viable means of stopping not just health care but all the bills. All our efforts to control congress have done little and I suspect it was an error to try starting at the top. Our government is supposed to work from the bottom up. It starts locally, goes to the state, and THEN the federal government. The federal government is supposed to listen to the states and their powers are granted by the states. If the states refuse to grant those powers, then they do not exist and cannot be enforced. The states should be more responsive to the people as well, and if they are not then it is time to replace THEM with officials who listen closer to home. They can protect the rights of the people they just need to get behind us and do it. Insist on it! I would call them, write them, fax them, and petition them. Let's put the pressure on them that we previously put on congress...and stop all this Washington corruption.
What is nullification?
It is a concept that was originally written by Thomas Jefferson in 1798 in The Kentucky Resolutions. Nullification is the act of the states to undo legislation by the federal government that the federal government does not have the authority to pass. When Jefferson wrote about nullification he was battling this question; what happens when the federal government oversteps its Constitutional Authority? Jefferson argued that if the states formed the federal government and ratified the Constitution, then the states have the power to decide if the federal government is in line with the Constitution, not the federal government. In other words, the states get to be the final judge on federal law, not the Supreme Court. The Supreme Court is an agent of the federal government and according to Jefferson could not be trusted to keep itself in line with the Constitution. The states, however, have all of the power not given in Article I Section 8 of the Constitution. Jefferson argued that the Tenth Amendment allows for states to tell the federal government, no. Simply tell them that their law will not be put on the citizens of their state. Jefferson further explains that the states are not united on a principle of unlimited submission to the federal government.
So how does nullification work?
If the federal government passes a law that is unconstitutional the state legislature just simply writes a resolution, passes it in both houses, then sends it to the be signed by the governor telling the federal government that the law does not exist in the state. No Supreme Court case, no lawyers, the state simply says no. This is well within the state's duties and rights. If that is not enough, then you have the Virginia Resolution of that same year written by James Madison, known as the Father of the Constitution. In this document he tells Virginia that the only way the union is to survive is for the states to watch over the federal government to be sure they exercise only the powers assigned to them and agreed upon in the Constitution.
I have listed some recent examples fo states using nullification under the heading "NULLIFICATION" for those who would like more on this subject.
Call to Action - Letter to state politicians
To Texas State Representative,
You are my representative in the Texas State Government and I am asking you to represent me in the attack of the federal government against my personal liberties. I am asking you to stand up to for freedom and express to the United States Government that when they overstep Constitutional authority, Texas will not fall victim to their tyranny.
In San Antonio is a monument to freedom that has never been matched; the courage of the men and women there in that mission has never been replicated. The dire situation that was upon Texas in 1836 is slowly returning, but by no stretch is it to the magnitude that causes battles such as The Alamo. The growth of the federal government and the slow method at which they have been taking our freedom is spinning out of control.
As a citizen of Texas, I want you to know that I am afraid of the steps the federal government is taking to compromise my freedom. I am also worried about the steps the federal government is taking to bypass the Constitution that was designed to protect me. I am signing this petition to ask you to protect me from the federal government. Sign a resolution of nullification for all legislation passed by the United States Government starting as soon as the resolution is signed. Write a resolution that states that any bill passed will not become law in Texas without the Texas Government passing the law. The resolution must also say that the Texas Government is not to change any meetings and must adhere to the State Constitution’s meeting schedule. Under the powers of the Tenth Amendment, Texas reserves the right to accept and reject all federal legislation.
Also, I know that you cannot meet in session until 2011 without a Special Session called by Governor Perry, I am asking you as my representative to request one be called. I am also asking you to have the resolution ready to be entered into both houses with the same language to smooth out this process as quickly as possible. This is necessary to ensure my freedoms and yours, so act with haste.
Sincerely,
To sign and send this letter, simply complete the fields below and click the submit button.
First Name:
Last Name:
City:
State: Zip:
E-Mail Address:
http://www.notintexas.org/Nullification_Letter.htm
If you are in another state, I suggest that you copy this letter and the description of the nullification process above and send them together to your state representatives and your governor. Group leaders may want to set up the letter as a petition and circulate it. Individuals can do letters, faxes, and or petitions using the letter format.
To (your state) State Representative, (or governor)
You are my representative in the (your state) State Government and I am asking you to represent me in the attack of the federal government against my personal liberties. I am asking you to stand up for freedom and express to the United States Government that when they overstep Constitutional authority, (your state) will not fall victim to their tyranny.
In San Antonio, Texas is a monument to freedom that has never been matched; the courage of the men and women there in that mission has never been replicated. The dire situation that was upon Texas in 1836 is slowly returning, but by no stretch is it to the magnitude that causes battles such as The Alamo. The growth of the federal government and the slow method at which they have been taking away our freedom is accelerating and we are spinning out of control.
As a citizen of (your state), I want you to know that I am afraid of the steps the federal government is taking to compromise my freedom. I am also worried about the steps the federal government is taking to bypass the Constitution that was designed to protect me. I am signing this petition to ask you to protect me from the federal government. Please sign a resolution of nullification for all legislation passed by the United States Government starting as soon as the resolution is signed. Write a resolution that states that any bill passed will not become law in (your state) without the (your state) government passing the law. The resolution must also say that the (your state) government is not to change any meetings and must adhere to the State Constitution’s meeting schedule. Under the powers of the Tenth Amendment, (your state) reserves the right to accept or reject all federal legislation.
I am asking you as my representative to request a special session if one need be called. I am also asking you to have the resolution ready to be entered into both houses with the same language to smooth passage as quickly as possible. This is necessary to ensure my freedoms and yours, so please act with haste.
Sincerely,
your signature
address
state and zip
The following letter is the letter I sent to the Governor of Texas and to, the speaker of the Texas House, my state senator, and my state representative. You may want to copy paste this letter, amend it for your use, and send it to your state governing authorities.
Dear Governor Perry,
I am writing you to request that the state of Texas take action to introduce and pass a resolution to re-assert state sovereingty and give the state of Texas the final say as to whether or not any piece of legislation coming out of Washington shall be implemented or recognized in, or by, the state of Texas.
The Obama administration is bound and determined to destroy our nation and our economy. It is readily apparent that they are not listening to the people of this country. The polls show we are opposed to their bills, their spending, and their legislative actions. These bills are unconstitutional and unreasonable. We have inundated the congress for months with faxes, phone calls, petitions, letters, and emails to no avail. The last poll I saw of Texans we disapproved of the administration's performance by 80%.
The policies of the current administration and the democratic congress are going to destroy the wealth of the states. The states will then need to turn to the people who will also be financially ruined by these policies and the result will be that the states will be forced to turn to the federal government for money and the cost for that money will be the sacrifice of states rights and state sovereignty. This cannot stand!
Health care, the federal spending, the resulting increase in federal taxes, the subsequent need for state tax increases, the EPA mandates on top of cap and trade will break us all. The foreclosures, both residential and commercial, will skyrocket as will auto reposessions and credit card defaults. Neither the people or the states can afford the loss of jobs and loss of revenues that will come from all this.
Companies will be forced to move to other countries, close, or increase prices to a level the public will not be able to afford. Sales and revenues of surviving businesses will decline as jobs and wages decline which will lead to further business closures. This is intolerable and, as I see it, the people and the states have no choice but to find the backbone to stand up against this destructive power grab by the federal government.
We either fight this or we give in and succumb to one central government with control of all. I think I speak for millions of Texans when I tell you that we will not accept this or any state official who will stand by and allow this to happen to Texans.
I am working to unite Texans to insist that our state implement such a resolution to protect our state, our state economy, and the rights and freedoms of the people of Texas. I and the people I represent would appreciate your response on this matter. We view it as urgent and critical to our freedoms and our constitutional rights.
This resolution is the nuclear option of the states and of the people within those states and it is time to arm the warheads. The actions of the congress and the EPA this week have made it plain that the federal threat is a clear and present danger.
Respectfully,
Paul Lewis
www.americanvote.info
