The so-called Supremacy Clause of the U.S. Constitution like the Elastic Clause, the General Welfare Clause, and the Commerce Clause has come to mean something entirely incoherent with what it is suppose to mean. Every clause of the Constitution that has been reduced to a hand full of meaningless words has become exactly that, meaningless. As with all of the other abbreviated clauses there are other words in Article VI of the Constitution which includes the Supremacy Clause that have significant meaning. What exactly are those words that nearly everyone ignores? Article VI of the Constitution states,
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land”
The most important words of this clause are “pursuance thereof.” Very simply, in order for a federal law to be the supreme law of the land the law it must be in pursuance of the Constitution which means it must be constitutional. Does anybody who has any knowledge of the founding of this nation and the reasons for our separation from England believe that the founders and ratifiers intended for those in the new federal government to be the sole deciders-in-chief of the extent of the power they could wield over the American people. I want you to burn the following question into your mind—Did the founders fight the Revolutionary War to free themselves from the tyranny of King George in order to transfer that tyranny to a handful of individuals in the new federal government? The debates by the Framers and Ratifiers of the new Constitution were all about limiting the power of the new Federal government, because they understood human nature and that those in power would seek ever more power. They prophesized that the United States could become exactly what it has become.
California Representative Pete Stark no so long ago said that the federal government can do pretty much whatever it wants. The problem with this formulation is that it is not the federal government doing it, it is instead a group of individuals using the power of the federal government to force themselves upon the American citizens. Unfortunately, those in the federal government do have the power to do pretty much whatever they want, because we allow it, but, they do not have the Constitutional authority, which brings us back to “Pursuance thereof”. What should be done when those with the backing of the power of the federal government make laws or in the case of those in the judiciary interpret laws in a manner that is clearly not in “pursuance thereof”? The very simple answer is to ignore such unconstitutional acts, ah yes, nullify them. Yikes!!!
If we have learned nothing else, we have learned that those individuals in all three branches of the federal government will seize for themselves all of the power that we, the American citizens will allow them to seize. While we have sat idly by, the last several decades all three branches of the federal government have intruded into areas they have absolutely no authority to be involved in. These individuals have shown nothing but a pure disregard for the Constitution when it comes to restricting their power over the people. It is now time for us, the American citizens as individuals and collectively through our State politicians to tell those in the federal government to go jump in the lake. We as individuals and our State governments should nullify all unconstitutional acts by any branch of the federal government, because that is the only way to force these traitors to the Constitution back to a more constitutional form of government.
I can hear it now. How can we endeavor to sanction such mutinous and anarchic activity? I guess that depends on where you think the mutinous and anarchic activity began. It is my contention that it begins with the unconstitutional acts of those in the federal government. Why should it be left to those in the power circles of the federal government to determine among themselves’ the extent of the power they exert over the American people, and then invoke the supremacy clause. Remember the following sentence also. Federal politicians and judges don’t have the authority to vote themselves a raise in power, and the Constitution would have never been ratified if the federal powers that exist today had been included in the proposed Constitution…never. The liberal loons who worship the federal government are already screaming slavery or something to do with the civil war as if nullification by osmosis means support for slavery. These folks will do all kinds of contortions to get any argument back to slavery somehow in order to put those who propose freedom on the defensive.
Nullification has occurred everywhere and always in some form or fashion. California recently nullified federal drug laws by allowing marijuana for medical use. Presidents since its inception have nullified the War Powers Act, because they don’t believe congress has the authority to restrict the president’s authority as commander in chief. Abraham Lincoln nullified the constitution when he launched a war that killed upwards of 3/4 of a million Americans, crippled countless others, left homes, families, and property in ruins in order to force the southern states back into the union. Secession was constitutional, while preventing secession through war was not. Enough said.