4th Circuit Court: Nullification Chronicles Part 3
on September 9th, 2011 at 7:51 am
Nullification: The Rightful Remedy
The big news today is the court ruling around the dismissal of the Virginia’s lawsuit against Obamacare by the 4th District Court of appeals. Based on the make up of this court, this decision was not unexpected.
The three federal judges appointed by Presidents Obama and Clinton claim that “a state has no interest in the rights of its individual citizens sufficient to justify such an invasion of federal sovereignty.” (Virginia v. Sebelius)
As Delegate Bob Marshall correctly points out, “the panel ignored the Commonwealth’s enactment of the Virginia Health Care Freedom Act…. The judges believed it irrelevant that the Democratic Virginia Senate and Republican Virginia House of Delegates enacted a law signed by the Governor, which established that the individual mandate could not be constitutionally imposed on Virginians.”
While this is not the final word on this issue, as it will now go to the Supreme Court, where Justices like Clarence Thomas that actually understand the Constitution can weigh in, it does raise some troubling questions.
Can we trust a federal judiciary on other issues of import, if this is there opinion of the Constitution? This decision effectively guts what is left of state sovereignty. This not just a bad decision, this is an assault on the very fiber of the federal system. As Marshall also correctly states that based on that ruling, “Virginia and its citizens have no rights they can vindicate in federal court, recalling to mind the actions of British King George III, who “abdicated Government here, by declaring us out of his Protection” (Declaration of Independence). Their decision is at fundamental odds with legitimate, constitutional government.”
Marshall and Cuccinelli are fighting the battle for the 10th Amendment and the Constitution. For that they are to be commended. But they are fighting with the wrong tool. Virginia already has the authority it needs to stop Obamacare, as well as other unconstitutional actions in the Virginia Resolution ratified by the General Assembly in 1798.
It states in part “that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by (the Constitution), the states… have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.”
This is the basis for nullification. We brought up this very issue to our Attorney General a year ago. He was reluctant to use this politically controversial tool as he still has faith in the judicial system to correctly rule on the Constitutionality of Obamacare. We told him then his faith was misplaced. And we maintain that position to this day. If he loses in the Supreme Court, he has maintained that the 10th Amendment is dead.
That might be true in the federal courts eye, but we will not yield on this issue. The Constitution is still the supreme law of the land. The Roanoke Tea Party and other proponents of nullification are the defenders of the Constitution. As Madison wrote in the Virginia Resolution…
“That this assembly most solemnly declares a warm attachment to the Union of the States, to maintain which it pledges all its powers; and that for this end, it is their duty to watch over and oppose every infraction of those principles which constitute the only basis of that Union, because a faithful observance of them, can alone secure it’s existence and the public happiness.”
Cuccinelli chided us in the press about our support for nullification. One of our supporters was Tom Woods, Author of Nullification who wrote about our bill theFreedom for Virginians Act. “Now here’s something of value from the Tea Party, a local chapter of which devised this nullification initiative.”
We will be looking for a sponsor for the Freedom For Virginians Act in the next session, which establishes a clear cut process for nullifying federal laws.
And we desperately need to promote this with a Nullify Now Tour stop, so Tom Woods and his group can help us publicize this. We need to raise about $5500. Promotional information on the tour follows and will be on a separate page shortly. Only an aroused citizenry will be able to push our legislators in Virginia to take this action. It’s a lot of money, but the money is out there for this sort of thing.
I heard last night that some anonymous sponsor put up $5000 to try and bring Donald Rumsfeld to town for a speaking engagement and the local GOP was pitching in a considerable amount of money to help with this. I suppose this might be an effective money maker (why someone would pay to hear Donald Rumsfeld speak is beyond me…but there is no accounting for taste)
But if you have $5000 burning a hole in your pocket please, please don’t waste it like that, put it towards something that can help save the county, like promoting nullification. If a 1000 people put up $5 we will be there in no time. More on the Nullify Now Tour….
Nullification?? This is what Thomas Jefferson called “the rightful
remedy” to federal overreach.
We’re working with the national Tenth Amendment Center to help bring their
Nullify Now! tour to our area. They’ve been going around the country
educating people about the 10th amendment AND about practical ways to
implement nullification. The states CAN stop Washington DC! We strongly
encourage you to visit this link to learn more and pledge to support this
event today! http://www.nullifynow.com/
Here is a sample of the quality speakers the tour will bring.
Sheriff Mack: http://www.youtube.com/watch?
http://www.youtube.com/watch?
Overall Sample: http://youtu.be/3I52WnHac9s
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whether you’re in the area or not, you can definitely help.



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