Article VI of the Constitution is the solution to reining in federal usurpations. As Robert Brown just explained, nullification is one of the most powerful tools in Article VI.
Nullification is the principle that, when the federal government usurps power not originally delegated to it by the federal Constitution, states can act to ensure that those usurpations are not enforced and, by extension, are null and void.
It is “the rightful remedy,” as Thomas Jefferson put it, for stopping federal-government overreach. The Constitution is not at fault for government operating outside of its constitutional limitations. It’s the government officials ignoring it who are to blame. If the Constitution were fully enforced, the federal government would shrink by an estimated 80 percent or more.
Nullification has been advocated and used multiple times in U.S. history. In The Federalist, No. 46, James Madison implies that states can use it to resist “unwarrantable measure[s]” passed by the federal government.
In The Federalist, Numbers 33 and 78, Alexander Hamilton explicitly says that any federal laws contrary to the Constitution are void, writing in No. 33 that such laws are “merely acts of usurpation, and will deserve to be treated as such.”
Nullification was successfully used against both the unconstitutional Alien and Sedition Acts of 1798 and the Fugitive Slave Act of 1850.
Today, states are using it to nullify things like federal gun control, the Federal Reserve, and deploying the National Guard overseas. Many local officials have used it to nullify the various tyrannical Covid edicts.
States have even introduced nullification bills to stop unconstitutional federal spending and to create a formal process for nullifying any unconstitutional federal action.
For nullification to succeed, state and local officials MUST BE bold and courageous. States that nullify federal usurpations will face strong opposition from the federal government, judiciary, media, big business, and others. State and local leaders must be prepared for this. However, an educated electorate will support nullification efforts.
Nullification is already being used effectively, and many other promising bills and initiatives exist. State legislators must enact these remaining measures, and all state officials must courageously enforce the Constitution. Expect heavy opposition from Washington, establishment politicians, and those falsely lobbying for an Article V convention as the “only solution” to rein in the federal government.
Please inform your state legislators and fellow citizens about the facts of nullification and how we can effectively use it to restore liberty and keep our Republic. By taking action, we can and WILL significantly rein in the federal government. Join with us as we rein in big government with nullification.
Learn more about Article V and the amendment process by visiting JBS.org.