Search Results for: Nullification

Use Nullification to End Foreign Entanglements

by Peter Rykowski, Research Associate and Bulletin Editor

The Russia-Ukraine conflict illustrates how deeply entangled the United States is in foreign conflicts. The Biden administration has deployed thousands of troops to eastern Europe while reaffirming its compliance with the underlying NATO treaty’s dictates — including Article 5, which requires the U.S. to come to the defense of any NATO country if attacked. Clearly, our federal officials have abandoned the advice of George Washington and Thomas Jefferson to avoid entangling alliances.

However, state governments can play a key role in curtailing unconstitutional wars and entangling alliances by enacting Defend the Guard Acts. Already introduced in multiple state legislatures this year, these bills would prevent state National Guard units from being sent on foreign combat deployments by the federal government in the absence of a congressional declaration of war or another constitutional reason in accordance with Article I, Section 8, Clauses 11 and 15 of the U.S. Constitution.

Defend the Guard Acts are a proper exercise of nullification under Article VI of the Constitution. It states, “this Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.” Since the federal government’s participation in undeclared wars violates the Constitution, it cannot be considered “in Pursuance thereof” and, thus, is not “the supreme Law of the Land.” Accordingly, state governments have a constitutional duty to act against this.

Defend the Guard Acts would also be effective. According to the Tenth Amendment Center, over 650,000 National Guard troops have been sent to foreign conflicts since 2001. Additionally, 45 percent of the total U.S. forces sent to Iraq and Afghanistan were National Guard or Reserve troops. If the states prohibit unconstitutional National Guard deployments, the federal government’s participation in these foreign conflicts would be severely hampered.

Accordingly, contact your state legislators and urge them to immediately enact a Defend the Guard Act. For an easy way to check whether such a bill has been introduced in your state, and to quickly contact your legislators, visit https://gojt.us/9o36.

Additionally, spread the word by sharing the TNA interview video “How States Can Rein In Unconstitutional Wars,” which you can view at https://gojt.us/cjwf. Please share this video with at least five others outside your chapter.

Last, but not least, educate your fellow citizens about nullification by hosting a showing of Robert Owens’ webinar presentation Nullification: Military Tactics Applied to Legislative Action, in which he explains nullification and how citizens can achieve passage of such laws.

Our country is in a perilous position, but we also have a great opportunity to educate others on nullification and enact strong legislation enforcing the Constitution. If we take advantage of this opportunity, we can and will save our Republic.

2022 State Legislative Update

by Peter Rykowski, Research Associate and Bulletin Editor

Legislative sessions in most states are underway, and there is much activity on Article V Con-Con application resolutions. With the Constitution and the freedoms it guarantees under threat, it is important to monitor the status of these resolutions.

As of this writing, two states have passed new Con-Con applications this year: Wisconsin on January 25 and Nebraska on January 28. Both of these new applications follow the vague wording promoted by Mark Meckler’s Convention of States (COS). Although these resolutions have passed, patriots must not lose hope or be deterred — we must double down in educating our legislators and fellow citizens, including highlighting the dangers of a Con-Con, promoting rescission of all existing applications, and pursuing superior alternatives such as nullification.

Thankfully, we have also secured victories. For example, the South Dakota Senate rejected a COS resolution on February 9, preventing its passage this year. Additionally, in December 2021, the New Jersey Legislature voted to rescind all of its previous Con-Con applications.

In some states, however, Con-Con applications are still at high risk of passage. These include South Carolina, North Carolina, Georgia, and Tennessee — where COS, Balanced Budget Amendment (BBA), and/or term-limits applications have already passed one of the two state legislative chambers and could imminently pass the other. Additionally, COS resolutions have already been introduced — and are at high risk of passage — in West Virginia, Wyoming, Kentucky, Kansas, Iowa, Michigan, Ohio, and Pennsylvania. We must also monitor Montana, Mississippi, and Arizona for Con-Con activity.

In addition to the COS and term-limits applications, some states are considering aggregating unrelated Con-Con applications to artificially and deceptively reach the 34-state threshold to call a convention. This includes Georgia, where the state Senate passed two BBA applications, one of which uses the aggregation scheme. Additionally, Utah and South Carolina are currently considering resolutions that don’t apply for a convention, but that claim the 34-state threshold has already been reached in order to pressure Congress to convene a convention.

In addition to stopping these applications, focus on rescinding existing Con-Con applications. After all, being on defense with no offense is a poor strategy. Multiple states are ripe for rescission. For a list of these states, please see the article “In 2022, Focus on Defeating and Rescinding Con-Con Applications” on page 4 of the December 2021 Bulletin. You can download it by visiting the Members Area section of JBS.org.

For more information on the status of Con-Con resolutions in your state, regularly visit either our State Legislative Alerts page at https://jbs.org/alerts/state/ or the “Take Action” section of our “Stop a Constitutional Convention” action-project page at https://gojt.us/9v38. Additionally, to receive alerts directly in your inbox, you can subscribe at https://jbs.org/alerts/.

To win the Con-Con battle, we must actively educate our legislators and fellow citizens. For example, each chapter should organize legislative days, making in-person visits to their state legislators on a regular basis. If your legislature is in session, try to travel to the state Capitol. In addition to seeing your own legislators, visit those serving on the key legislative committees responsible for overseeing Article V convention-related resolutions. Both before and after visiting, call and email these legislators to further emphasize why a Con-Con should be avoided.

Furthermore, whether you are submitting materials for a legislative hearing or simply meeting with legislators, distribute the action packets found in the “Learn More” section of the “Con-Con Action Tools” page, part of the “Stop a Constitutional Convention” action project, at https://gojt.us/364q. These documents include expert opinions warning against a Con-Con as well as historical documents illustrating how a convention can get out of control.

Especially if you live in any of the states listed above, utilize these resources to open legislators’ and citizens’ eyes on why a Con-Con must be avoided. Through education and coordinated action, we will win the battle for our Constitution.