State Nullification of Federal Action
An important way to seek constitutional compliance is to organize widespread civil refusal to comply with unlawful official actions. A precedent for this was the 1783 Pennsylvania Council of Censors, discussed by James Madison in Federalist #48. The objective is to avoid having to launch separate legislation for every usurpation, but to provide a process by which resistance may be mobilized quickly as usurpations occur. The items below concern doing this at the state level for federal actions.
- Proposal for a Federal Action Review Commission (Nullification Commission). Latest version.
- Draft bill proposing amendment to Texas Constitution for establishment of a state grand jury for the review of the constitutionality of the actions of United States government officials and agents, and to authorize state grand juries to investigate public administration.. 2011/09/20.
- State Nullification of Federal Action. External site for this topic.
- FAQ on the FARC — Frequently asked questions on the Federal Action Review Commission proposal.
- Florida v. U.S. Dept. Health and Human Services, Case No.: 3:10-cv-91-RV/EMT. Summary judgment of District Judge Roger Vinson, 1/31/11.
- Virginia v. Sibelius, Case No.: 3:10-cv-188-HEH. Memorandum Opinion of District Judge Henry E. Hudson, 12/13/10.
- Tom Woods on Nullification Proposal of Jon Roland. From his book, Nullification.
- Tom Woods. His site. Alternate.
- Flyer #1 on Nullification Proposal of Jon Roland. 2010/11/21.
- Flyer #2 on Nullification Proposal of Jon Roland. 2010/09/02.
- Vimeo videos on nullification. Presentations on the subject.
- So you want to nullify violations of the Constitution. Animated YouTube video.
- Interview with a Zombie. YouTube videos from Tom Woods.
- Flaws in other nullification legislation. Blog article on opposing legislation and litigation, 2010/04/26.
- Flawed Texas Health Freedom Act. Blog article on one attempt at nullification in Texas, 2010/11/19.
- Flawed Texas HB 297. Blog article on one attempt at nullification in Texas, 2010/11/21.
- Flawed Texas HB 1937. Blog article on one attempt at nullification in Texas, 2010/03/19.
- Flaws in Tennessee Nullification Bills. Blog article on two bills in Tennessee, 2011/02/24.
- Nullification is a serious option, by Jon Roland. Op-ed published on webpage of Austin American Statesman, Feb. 8, 2010.
- Cautions for "nullification" proponents. Blog article, including copies of some email exchanges, 2010/01.
- No state prosecutions of fed agents. Blog article, 2013/02.
- Obstacles to holding federal agents accountable. Blog article, 2013/02.
- The crisis: or, Essays on the usurpations of the federal government, Robert James Turnbull, Brutus (pseud.) (1827) — Discusses the misconstructions of the Constitution by the Supreme Court and Congress from a Jeffersonian standpoint, and develops the concept of state-level nullification.
- Council of Censors, Lewis Hamilton Header (1899). Pennsylvania constitutional review commission 1783-84.
- History of the Vermont Council of Censors. Vermont had an elected constitutional review commission 1777-1870.
- Federalist No. 46, James Madison (1787) — On how to use nullification to enforce compliance with the constitution:
Should an unwarrantable measure of the federal government be unpopular in particular States, which would seldom fail to be the case, or even a warrantable measure be so, which may sometimes be the case, the means of opposition to it are powerful and at hand. The disquietude of the people; their repugnance and, perhaps refusal to cooperate with officers of the Union, the frowns of the executive magistracy of the State; the embarrassment created by legislative devices, which would often be added on such occasions, would oppose, in any State, very serious impediments; and were the sentiments of several adjoining States happen to be in Union, would present obstructions which the federal government would hardly be willing to encounter.
Many if not most of the proposals from these groups are unsound, but at least they are trying.
- Nullification: It's Official. Tenth Amendment Center blog. Proposals need work.
- United States Patriots Union. Have their own proposals, that also need work.
- Draft Amendments to U.S. Constitution — A few amendments that might help return constitutional construction to original understanding.
- Declaration of Nonauthority — A finding that officials are not in compliance with the Constitution and acting without authority.