Danger ahead — the nullification of the Congress
By Norvell Rose
There hasn’t been so much heated discussion of “nullification” since the OJ trial. You remember that culture-clash moment in American Justice, don’t you? When OJ Simpson, the former NFL star turned actor, was acquitted of the murders of his ex-wife, Nicole, and her friend? The 1995 courtroom spectacle in Los Angeles has been described as the most publicized criminal trial in American history. Its outcome — an acquittal in the face of reasonably damning evidence — has also been cited as one of the most glaring examples of a legal phenomenon known as “jury nullification.”
Put simply, jury nullification is the process whereby a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her. It is the power of the panel to act in bold defiance of both law and fact, voting to set a defendant free, even if that person did run afoul of a particular criminal statute. In the OJ case, the sympathetic jury essentially poked a prominent finger in the eye of the system, giving their own peculiar twist to the term “blind justice.”
More recently, nullification of a different sort has been put on trial in the court of public opinion and pursued in the chambers of state legislatures across the country. This type of nullification is not an act of defiance, rather one of obedience — obedience to the Constitution of the United States and to the conscience of its determined protectors.
When a state nullifies a federal law, it does so with the solemn conviction that the law in question is unconstitutional. The state’s lawmakers, generally invoking their sovereign powers under the Tenth Amendment, are proclaiming that the offensive law is void and inoperative, or non-effective, within the boundaries of that state. In other words, they declare that the federal law is not “legal” and cannot be enforced against their citizens.
Such nullification has a long history in the American tradition. Of late it has been used by quite a few states in effectively blocking the federal Real ID Act of 2005 and resisting federal marijuana laws. With regard to healthcare legislation expected to be forced on us against our will by Washington, a number of states are already putting into motion the wheels of nullification. Legislation has been introduced, or state constitutional amendments put forth for 2010, that could effectively nullify national healthcare mandates within the borders of the various states.
What’s directly implied in such nullification laws is “interposition” (as referred to by James Madison in the Virginia Resolution of 1798). This is a bedrock principle supporting state sovereignty. According to this principle, state governments not only have the right to resist unconstitutional federal acts, but, in order to protect liberty, they are “duty bound to interpose” or stand between the federal government and the people of the state. To do less would be an unconscionable dereliction of civic duty and would jeopardize the standing of the state and the rights of its citizens.
Which introduction to nullification brings us now to the sharp point of this piece — the looming danger we face from the impending nullification of the Congress of the United States.
It is a charge that, until recently, would seem too outrageous even to consider. But given the extreme, purposeful and concerted misdeeds, destructive acts and examples of egregious malfeasance by official Washington, it is a charge that cries out to be aired.
The Obama Administration and its either willing or unwitting co-conspirators on Capitol Hill (I would bet heavily on “willing”) are, without a doubt, scheming to undermine our cherished Constitutional system of checks and balances. They are conspiring to cause future elections of our U.S. Senators and Representatives to be effectively “null and void” in their legislative impact. After all, in their radical leftist construct for government “rule,” why should the “rulers” have to bother with that pesky, problematic, unpredictable Congress? This would, indeed, be “fundamental change,” wouldn’t it? And if the Obamacratic oligarchists succeed in this subversion — one that would tragically be “historic and unprecedented” (to borrow again from Mr. Obama’s lofty language) — it will matter little how federal elections turn out in 2010…or in any year beyond.
Alarmist, am I? Cuckoo escaped from the cage, you say? Consider this: Every major move, initiative, proposal or policy of the Obama White House and its willing enablers down the street in DC has, at its dark heart, a pernicious power grab or power shift. The intent? To restructure the balance of power into the hands of an almighty Executive. The evidence?
Healthcare. Use empty promises, corrupt bargains, secret negotiations … ignore the clear and consistent will of the people … create some horrendous, freak show of a bill built in haste for partisan political purposes … ram it, cram it, jam it through in a “crisis” atmosphere … grab untold power for a vast new bureaucracy, as well as for the IRS as “enforcer” … and … Congress is then pretty much out of play because this voracious monster will be able to feed at will and grow willy-nilly without restraint.
Stimulus. Shifting control of massive spending, with its attendant employment design capability, from the Legislative to the Executive Branch, with the Treasury Department now fairly well in charge of Uncle Sam’s checkbook and credit card.
Bailouts. From banking to energy to transportation, critical decisions about money and management are being effectively maneuvered into the hands of the President and his inner circle, including select corporate chieftans and union bosses.
Taxes. Why mess around with contentious legislation when the same effect can be achieved — gaining greater control over Americans’ money — by using assumed Executive power to directly or indirectly impose fees, levies, fines and surcharges?
Environment. Shift ever-greater command and control to Executive-branch agencies, e.g. the impudent EPA, usurping the constitutional authority of the Congress, which is forever diminished.
Czars. Well, do we really need to review how these powerful presidential appointments — dozens of liberal loose cannons — skirt meaningful Legislative-branch advice, consent and oversight?
And on and on the sad story goes. A story whose ending could well mark the end of Congress as a body with any real power and authority. Too many in Congress have, for far too long, been complacent or complicit in this crime.
Understanding this in-our-face attempt to disrupt and dismantle our system of government helps to explain why the President and the Democrat leadership turn an increasingly deaf ear to the complaints of the voters. Those complaints, according to their scheme, will soon be rendered moot, mere background noise. They know our best, most immediate course of action against the Obamacrats attempted coup is to “throw the bums out” in November. But if the biggest and baddest of the bums can pull off their power play, our voting a new team onto the political field in Washington will have little impact on changing the outcome of the liberals’ endgame.
The alarming evidence of the Administration’s purposeful attempt to pry more and more authority from the Congress is stark and overwhelming. The arguments demonstrating the President’s plan to amass and consolidate government power under his far-reaching control are clear and compelling. The Congress — the most direct reach of the people into the Washington political machine — is being systematically neutered. Nullification of this once-great legislative body is fully underway.
We can only hope that We the People — the jury in this felony case — will rise up and deliver an unflinching verdict based on the law of the land and the Constitutional foundations upon which it rightly rests. This must be a verdict that will render swift and sure punishment to those offenders who are trying to get away with the Constitutional crime of the century. The strength of our demand that this grand larceny stop, and stop right now, will determine whether We the Jury — We the Voters — are, ourselves, nullified.
As to whether this justice is forthcoming, history will be the judge.
Remember lesson #1. Pain is a message, not the problem. Have the courage to open your comfort zone and let a little more life in.
Tuesday 2:30 – 6
Wednesday 9 – 6
Thursday 9 -noon
Remember this guy?
He has decided to run for that seat in congress! Please read the following letter I just received and follow your conscience from there.
Marine / Oath Keeper Needs Our Help
My name is Welles. I am a volunteer of David W. Hedrick’s and I am writing this message and posting it on his account with his permission. This Marine needs our help and there is no time to waste!
David W. Hedrick is an Oath Keeper who served in the U.S. Marine Corps and he is running for U.S. Congress. He is a Conservative Constitutionalist running as a Republican. As of today, Hedrick is the favorite to win. He has more than twice the volunteers of the other candidates in the race, Combined! Today, Hedrick was promised the endorsement and support of a VERY prominent national Conservative that everyone here will recognize. This endorsement and support will materialize in January if Hedrick can meet one condition. Hedrick must prove that he can compete financially against the establishments Rhino, oath violating candidate. Hedrick must raise at least $100,000 between today and Dec 31st. If he can do this, he will get the national conservative backing and we are likely to see our first official member of Oath Keepers in the U.S. Congress. This may seem like a lot of money in a short period of time, but it can be done. One thing members and former members of the military and law enforcement excel at, is accomplishing things that others see as impossible.
Almost all of you will recognize Hedrick from the following Youtube video that was recorded in August 2009 at a town hall in Washington State where he talks challenges a Congressman who has refused to honor his sworn oath.
The Congressman in this video is the same Brian Baird who called many of us, “Brown Shirts” (Nazis) and likened us to Timothy McVeigh. This Congressman has consistently refused to honor his oath to uphold the U.S. Constitution and Hedrick called him on it. Amazingly, rather than running against Hedrick, this six term incumbent decided not to seek a 7th term. Hedrick is now running for an open seat.
Since his now famous video was recorded, Hedrick have been traveling all over the country speaking to groups about the many virtues of the U.S. Constitution and the obligation of individuals who took an oath to defend it. He has repeatedly been a guest on Fox News and has been featured on talk radio shows all over the country including Limbaugh, Hannity, Levin and Beck. Hedrick has also been traveling around this nation attending tea parties and 9/12 events as a guest speaker.
Many individuals who gain this type of national exposure would distance themselves from a group like Oath Keepers, but Hedrick has made it clear that this will not happen. In fact, he has embraced the group attending the Freedom March in Washington D.C. as a guest of Oath Keepers, where he spoke at the Oath Keepers dinner event. Hedrick is proud to be an Oath Keeper. Make no mistake, Marine Cpl David W. Hedrick will honor his oath.
The $100,000 goal is achievable, but Hedrick cannot do it alone. Think about this. If just 100 Oath Keepers made the commitment to raise $1,000 each, whether personally, through contacts, or by lighting up the Conservative forums, we could raise the whole sum. Or, if 1,000 of us raised just $100 we could do it. Anything we raise goes a long way toward defending our Constitution. If we achieve this, Hedrick we will prove that Hedrick’s Oath Keeping stand is viable and he will get the major backing and he will likely win this seat in the U.S. Congress.
Every Oath Keeper has sworn to uphold the U.S. Constitution. Many of us have also pledged our lives, our fortunes and our sacred honor to this cause. I now pledge to raise at least $1,000 to support this Marine and our Constitution by December 31st. I meant that oath then, I mean it now, and I will not stop at words.
Please join me and stand with our brother in arms when he needs us most.
God Bless Every Oath Keeper,
Hedrick’s website: www.davidwhedrick.com
All I ask is that you consider the suggestion here.
The entire Congress of the United States is corrupt. And I mean both Houses and I mean both major parties..
I realize that a few Members of each House who are trustworthy, but, as a group they are absolutely the most corrupt bunch to ever disgrace our Nation.
In November of 2010 the entire House of Representatives will stand for re-election; all 435 of them. One third of the Senate, a total of 33 of them, will also stand for re-election. Vote every incumbent out.
And I mean every one of them. No matter their Party affiliation. Let’s start all over in the House of Representatives with 435 people who have absolutely no experience in running that body, with no political favors owed to anyone but their own constituents. Let’s make them understand that they work for us. They are answerable to us and they simply have to run that body with some common sense.
Two years later, in 2012, vote the next third of the incumbents in the Senate out.
We can do the same thing in 2014 and, by that time we will have put all new people in that body as well.
We, the People, have got to take this Country back and we HAVE to do it peacefully. That’s what the Framers of our Constitution envisioned.
I am also suggesting term limits on the new bunch: 8 years for Representatives and 12 years for Senators – no exceptions. The longer they stay in office, the more power they get, and they love it and will do anything to get re-elected.
We have term-limited the President, now let’s term-limit the Legislators.
Please, if you love this Country, send this (as I have done) to absolutely everyone whose email address appears in your address book.
This thing can permeate this Country in no time. Let’s make it happen.
Don’t just delete this -please pass it on and give our Country a fighting chance.
VOTE THE POWER ABUSERS OUT……..LET’S TAKE AMERICA BACK !!!!!!!!!
Become an Active Member of http://www.AmericansRestoringAmerica.com
If you don’t know your rights, you don’t have any.
That will be 8 am in the Kansas City area.
I don’t know if CSPAN will be showing it live so I found this direct link to the hearing.
Join me and millions of concerned sovereign Americans as we expose the central bank for the lie that it is.
Now will come an age of transparency in all public affairs.
Problem: Artificial entities called corporations have more authority in the current legal system than natural born people.
Result: slavery: someone else (government) gets the fruit of your labor before you even see it, and there is nothing you can do about it. Or is there?
Solution: Form a new transparent Constitutional Court. File charges of treason against all members of congress, the senate, the current commercial court system, and the entire executive branch both past and present. Hold amnesty hearings, and begin prosecutions.
Anyone got any other ideas on how we go about restoring authority to the sovereign people of America?
This has not broke into main stream media yet. Any teachers out there that confirm or refute this?
I am checking with my children’s school and if this is true, they will be going to the zoo with me that day.
PreK-6 Menu of Classroom Activities:
President Obama’s Address to Students
Produced by Teaching Ambassador Fellows, U.S. Department of Education September 8, 2009
Before the Speech:
Teachers can build background knowledge about the President of the United States and his speech by reading books about presidents and Barack Obama and motivate students by asking the following questions: Who is the President of the United States? What do you think it takes to be President? To whom do you think the President is going to be speaking? Why do you think he wants to speak to you? What do you think he will say to you?
Teachers can ask students to imagine being the President delivering a speech to all of the students in the United States. What would you tell students? What can students do to help in our schools? Teachers can chart ideas about what they would say.
Why is it important that we listen to the President and other elected officials, like the mayor, senators, members of congress, or the governor? Why is what they say important?
During the Speech:
As the President speaks, teachers can ask students to write down key ideas or phrases that are important or personally meaningful. Students could use a note-taking graphic organizer such as a Cluster Web, or students could record their thoughts on sticky notes. Younger children can draw pictures and write as appropriate. As students listen to the speech, they could think about the following: What is the President trying to tell me? What is the President asking me to do? What new ideas and actions is the President challenging me to think about?
Students can record important parts of the speech where the President is asking them to do something. Students might think about: What specific job is he asking me to do? Is he asking anything of anyone else? Teachers? Principals? Parents? The American people?
Students can record any questions they have while he is speaking and then discuss them after the speech. Younger children may need to dictate their questions.
After the Speech:
Teachers could ask students to share the ideas they recorded, exchange sticky notes or stick notes on a butcher paper poster in the classroom to discuss main ideas from the speech, i.e. citizenship, personal responsibility, civic duty.
Students could discuss their responses to the following questions: What do you think the President wants us to do? Does the speech make you want to do anything? Are we able to do what President Obama is asking of us? What would you like to tell the President?
Teachers could encourage students to participate in the Department of Education’s “I Am What I Learn” video contest.
On September 8th
the Department will invite K-12 students to submit a video no longer than 2 min, explaining why education is important and how their education will help them achieve their dreams. Teachers are welcome to incorporate the same or a similar video project into an assignment. More details will be released via http://www.ed.gov.
Extension of the Speech: Teachers can extend learning by having students create posters of their goals. Posters could be formatted in quadrants or puzzle pieces or trails marked with the labels: personal, academic, community, country. Each area could be labeled with three steps for achieving goals in those areas. It might make sense to focus on personal and academic so community and country goals come more readily.
Write letters to themselves about what they can do to help the president. These would be collected and redistributed at an appropriate later date by the teacher to make students accountable to their goals.
Write goals on colored index cards or precut designs to post around the classroom.
Interview and share about their goals with one another to create a supportive community.
Participate in School wide incentive programs or contests for students who achieve their goals.
Write about their goals in a variety of genres, i.e. poems, songs, personal essays.
Create artistic projects based on the themes of their goals.
Graph student progress toward goals.