JBS Bulletin: February 2022

Abolish Unconstitutional Government

Nullification: A Powerful Tool to Enforce the Constitution

by Peter Rykowski, Research Associate and Bulletin Editor

In light of the many unconstitutional actions and proposals emanating from Congress and the federal executive branch, it is imperative that state legislators utilize the constitutional tool of nullification.

In its first year, the Biden administration — without any congressional authorization — proposed or implemented multiple actions that are blatantly unconstitutional or contrary to congressionally enacted statutes. Such actions include the administration’s federal “vaccine” mandates, its mask mandates for public transportation, its nationwide eviction moratorium, its many pro-illegal-migration actions, and much more.

Meanwhile, Democrats in Congress are seeking to pass legislation that tramples on the Constitution’s clear meaning. This includes gun-control legislation, the Build Back Better Act, and multiple anti-election-integrity bills.

Under Article VI of the Constitution, state legislators have a duty to nullify these unconstitutional actions. Article VI makes clear that, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.” Accordingly, laws or federal actions that violate the Constitution are not “the supreme Law of the Land.”

As an example of nullification, state legislators can “pre-nullify” the various bills — including those on gun control, elections, and environmentalism — being considered by Congress by passing legislation ensuring they cannot be enforced in their states should those bills be enacted. Furthermore, state legislators must nullify the Biden administration’s mask and vaccine mandates, if they have not already done so.

Accordingly, regularly contact your legislators, and educate both them and your fellow citizens about nullification. You can educate your legislators by visiting them at your state capitol or by attending townhall meetings where they’re present.

When meeting them, be sure to bring the following materials: “Rein In Big Government With Article VI, Not V” slim jim, “Nullification: What States Can Do” slim jim, “Nullification: What State Legislatures Are Doing” reprint, “Federalism Is the Best Step” reprint, and The Founders’ Brilliant Solution to Big Government: Article VI booklet.

Additionally, you can educate your fellow citizens by hosting educational events in your area. In addition to having at least 25 each of the above materials available at the meetings, be sure to show Robert Owens’ new webinar presentation Nullification: Military Tactics Applied to Legislative Action.

Although we live in a dangerous period of federal-government overreach, we also have a great opportunity to educate others to take appropriate and effective action on the state and local levels. Let’s take advantage of this opportunity and enforce the Constitution.