Let’s Talk Federal Government vs States Rights – The Nullification Clause of the 10th Amendment

By Dr. Sal Martingano, F.I.C.P.A.

The following blog is a summary of a movement in America to restore the rightful duties and responsibilities of individual states.  Present thinking assumes that the Federal Government is the arbiter or final enforcer of constitutional law as it relates to individual states, as well as control over the people within.  The full story of the rightful duties of States rights can be seen in the video “Nullification…The Rightful Remedy”
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The 10th Amendment of the Constitution:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The Supreme Court has declared that the 10th Amendment is a truism.”

  • The intent of the Constitution was to limit specific powers of the Federal Government, as enumerated in Article 1 Section 8 of the Constitution, dealing with the Legislative Branch (Congress):

Article 1 Section 8: “The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises; to pay the Debts and provide for a common defense and general welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.”

So What’s The Issue?

  • Over time, our country has “assumed” that the Federal Government has powers NEVER stated or intended in the Constitution. Protection from an ever growing, powerful central government was the reason our Constitution was written.
  • Present day thinking has been that the States (and people) MUST adhere to all Federal Mandates, never considering thinking “outside the box” for fear of retribution. However, just the opposite thinking is required. Imposing federal mandates not granted under the Constitution is the definition of TYRANNY.
  • The Constitution specifies (Article 10) that it’s the STATE and NOT the Federal Government (Congress) that has the power of governance.

Where Did We Go Wrong?

Under the guise of “Progressivism”, a form of Socialism, the people of the United States and their elected State Representatives have voluntarily shed their responsibilities to adhere to Constitutional Law, in favor of “feel good” legislation with the ultimate goal of changing the fabric of our Democratic Republic.

  • When in your wildest dreams did you consider that the Lesbian, Gay, Bisexual and Trans sexual movement (LGBT) would rise to Federal Guidelines in our schools and workplaces?
  • Have you ever witnessed an election cycle where a devout SOCIALIST, Bernie Sanders, a U.S. Senator none the less, would run for President of a DEMOCRACY and receive a huge favorable following?
  • A complacent electorate, lulled into submission by overwhelming debt and ever growing entitlements, looks to government as their savior. When a government can force people to think with their pocketbook rather than their intellect, that country is no longer FREE.
  • When our elected officials and representatives are more concerned about their political futures, with their high paying positions, free from most federal regulations imposed on the people they were sworn to represent, they must be removed.
  • When our Federal Government allows for the breakdown of our boarders, language and culture, we have no country

Our Only Recourse….NULLIFICATION:

“Nullification is an important check and balance on the State’s power to declare federal laws unconstitutional.  Nullification not only is inherent in the concept of state sovereignty, but is also one of the powers reserved to the states by the Tenth Amendment.”

  • Over the years the Federal Government has imposed numerous departments, agencies and Clauses to “oversea” and “regulate” state mandated functions, without the expressed power to do so under the Constitution.

Examples of Federal Government Over Reach:

  • Federal Supremacy Clause: Federal laws made pursuant to treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the “supreme law”; in case of conflict between federal and state law, the federal law must be applied. No such power exists under the Constitution. 14 states have ignored the Supremacy Clause
  • Commerce Clause: Describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power “To regulate Commerce with foreign Nations, and among the several States”. This clause implies that ALL intra and inter-state goods and services are under the control of the Federal Government, effectively eliminating the sovereignty of each State Government. 8 States have rejected the Commerce Clause
  • Department of Education: Led to federal government controls over what is to be taught (common Core), Pell Grant Loans and Federal policies, like mandatory vaccines that MUST be enforced if schools receive any federal funding. The D.O.E. has little to do with education as it does about control over what we think and do.
  • Department of Energy: Led to unauthorized loans (tax payer money) to Solyndra, Evergreen Solar and other risky investments. The department of Energy stifles private energy enterprises, while criminalizing conflicting thought as in Global Warming.
  • The National Labor Relations Board (NLRB): The NLRB was designed to protect workers but has morphed into an agency with judicial authority to control or criminalize private sector State employment decisions.

Numerous other Federal entities, like The Environmental Protection Agency, The Real ID Act or The Affordable Healthcare Act (an oxymoron to say the least) have been formed, each culminating in the loss of Liberty and Freedoms within sovereign states.

The Constitution of the United States is not about politics, it is about our founding liberties, specifically enumerated to limit the powers of a Centralized Federal Government, while insuring the sovereignty of each State to determine its own destiny under the direction of its people.

Nullification is a wakeup call, reminding the people that we must stop asking permission from Federal Authorities, where none is required.

More in depth reading can be found on this and other timely issues facing our country today, in my book, “The Declaration of Dependence….A Betrayal of the American Dream”

For a more in depth understanding and insights into the solutions required to get our country back, you need to read: “The Declaration of Dependence….A Betrayal of the American Dream”


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