Nullification

What is Nullification?

What do we need to know about Nullification?

".... nullification is both a Power retained by the States & The People as well as an Obligation imposed by Oath." -- Publius Hulda 

Is there ever a better way?

What can we discover from a study of jurisprudence?

Sixteenth American Jurisprudence

Second Edition, Section 177

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it …

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

No one is bound to obey an unconstitutional law and no courts are bound to enforce it.

Does that not tell you that, if applicable, there is a better way, which will make all the legal consequences of that statute, or of the official decisions or actions of the official, disappear like magic!

The answer, of course, depends upon whether it is just a bad law, or is also unconstitutional; or whether the official was constitutionally qualified to hold the office in the first place.

However,


If that Statute was not just bad, but also unconstitutional from its enactment (like both the Sixteenth and the Seventeenth Amendments -- both were fraudulently declared to be ratified, as thoroughly researched by Bill Benson -- and the Seventeenth violated the obvious intent of the Framers that NO State should be deprived of suffrage in the Senate without its consent. (Utah, for one, rejected the Amendment outright); or if the officer has usurped his office without being constitutionally qualified to hold that office.


For the different story, then, instead of repeal or impeachment, it must be nullified as unconstitutional; therefore, null and void from the outset. Then, like magic, all legal consequences are automatically declared nullified as unconstitutional as well.

The People, through the States, have the key to nullification: the Tenth Amendment.

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.

".... nullification is both a Power retained by the States & The People as well as an Obligation imposed by Oath." -- Publius Hulda in Nullification: Smacking Down Those Who Smackdown The Constitution, which is also a link from The President's Enumerated Powers, Rulemaking by Executive Agencies, & Executive Orders, both by Publius Hulda, and both are "must reads."


It is surely time we all became more aware of God's Miracle of the Constitution! --

Fighting the issues one by one, can cease,
when we humble ourselves, pray, seek God's face,
and turn from our wicked ways —
to be able, with God's miraculous help,
to elect Constitution-committed statesmen
to all levels of government: Town, City, County,
State, and Representatives to Congress.
The States can then, all in one day, reclaim our Republic,
with nullification by the Constitution,
the Miracle by which God, in answer to prayer,
healed our nation from dying in infancy! from the same malady we are likely soon to experience: hyperinflation.






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