To preserve our Constitutional Republic States need to nullify unconstitutional acts by the Biden Administration

Joe Biden’s first two weeks in office have so far proved to be as bad as I feared.  He has issued a staggering number of executive orders, all of them a smorgasbord of far left edicts from on high, all of which destroy liberty, the economy, and jobs.  So far the Democrats-Socialists who control congress have not passed a single bit of legislation but when they finally do, everything they pass will be as odious as all of Biden’s executive orders.

Because both Houses of Congress and the presidency are all occupied by the most radical leftists imaginable all appears to be very bleak for every single person living the United States.  Thankfully a remedy exists under our Constitution whereby the individual states can put a halt to all unconstitutional acts by the federal government, whether they be laws passed by congress, executive orders, or Supreme Court decisions.  This remedy is called Nullification and it is discussed in great detail in the Draft of Kentucky Resolutions by Thomas Jefferson.  The Kentucky Resolutions were written by Jefferson in response to the Alien and Sedition Acts, which were signed into law by John Adams.  The final version passed by Kentucky were very much watered by the Kentucky legislature, therefore I believe do not truly represent the views of Jefferson.

In this quote we see Thomas Jefferson’s justification for nullification:

1. _Resolved_, That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

In this next quote Thomas Jefferson discusses one of the most important constitutional principles, one that was so important it was enshrined in the Tenth Amendment.  Every single one of Joe Biden’s executive orders and every single law that the Democrat controlled Congress will pass violate the United States Constitution. 

3. _Resolved_, That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “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;” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people

Thomas Jefferson lays out his doctrine of Nullification in this next quote.  As you can see the states can nullify federal actions on their own without waiting for the Supreme Court.

8.  …that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them:

Nullification is also discussed in the Virginia Resolutions by James Madison, although he does not use the term.

RESOLVED, That the General Assembly of Virginia, doth unequivocably express a firm resolution to maintain and defend the Constitution of the United States, and the Constitution of this State, against every aggression either foreign or domestic, and that they will support the government of the United States in all measures warranted by the former.

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.

That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, 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.

Nullification is not discussed in the Constitution but it does not have to be for states to have that power.  If you don not agree check out the Tenth Amendment.  It is not specifically denied to the Sates therefore the states have that power.

Blue States sans Trump like Belichick sans Brady

One of the points that has been made a lot over the last few weeks with Tom Brady is how he covered a multitude of weaknesses that the Patriots had as a team and as an organization.

In addition to not having to fill the QB position for two decades when you have the single best Quarterback in the history of the game and said quarterback’s primary skills are not dependent on extraordinary physical attributes and thus less subject to physical decline over the years you find wonderful things happening.

First your defense is not on the field as much as said player is not giving up the ball due to mistakes, so if you have a player who still has juice in the 4th quarter who might not have had it otherwise while the opposite is taking place for your opponents.

Furthermore with an extraordinary QB your receivers are upgraded. A poor receiver might appear merely just below average, an average receiver good, a good receiver great (Amendola) a great receiver (Edelman) spectacular and spectacular receiver ungodly (think Randy Moss).

Moreover a player who might need an extra year to develop might put up good enough numbers to stay in the lineup to improve with the best of all time throwing to him as well.

Bill Belichick had all these advantages for two decades but now look what happens when you no longer have the wiggle room that having Tom Brady.

Suddenly your defense is on a field a lot more meaning the fellow who seemed to have plenty of wind at the end of the game the previous season doesn’t have it anymore while the other side is more rested than they once were.

Suddenly your receivers find that they have to run a little faster or reach a little farther to catch a pass that might have been right in their hands before and those defending them realize that they have an extra step or two to cover them.

In short every single one of your players who can’t up their game find that what was good enough to win games or get by before just isn’t good enough anymore.

And that brings us to Donald Trump.

The Donald Trump years were extraordinary in terms of growth, in terms of unemployment and in terms of success for ordinary Americans and American business. Getting out of the way of the people who make the country work meant that people thrived and all of that meant tax revenues pouring into the states.

That meant that if you had a state that was already well managed it will not only thrive it will roar.

But it also meant that if you had a state that was not well managed, say one that decided to push a $15 minimum wage, or had huge union contracts or a pension plan out of control or a set of rules that made it harder for people do business the costs of those bad decision were hidden by the prosperity generated by the Trump boom. The warehouse that might have moved to a different state was bringing in enough that it could absolve the costs you imposed on it. The tax burden that you put on individual citizens might be a pain but because that good job was still there they can hold out. The pension bubble that might be ready to burst can hold on just a bit longer. The charity that services the poor not only has fewer poor to service but more people with extra money kicking in to keep it afloat.

And even the most easily agitated or angry might be just comfortable enough to keep the pot from boiling over.

But what happens when for whatever reason the Trump boom ends.

Well if you have a state that is well run and well managed that took advantage of the boom of the Trump years they might be in a position to ride it out.

But if you have a state that has undermines business, that rewarded idleness or the connected. That made decisions based on a quick or easy political reward or punished those who produced, guess what happens.

Suddenly there isn’t the tax revenue to cover all those costs, all those pensions all those social problems and more importantly the business that decided they could handle all those additional burdens you had put on them decides that the costs involved in relocating to a more welcoming state aren’t all that prohibitive, particularly when those states, also seeing less revenue decide to roll out the carpet to make up for their own losses.

Thanks to the fecklessness of the legislatures of Wisconsin, Michigan, Georgia, Arizona and Pennsylvania, states like Massachusetts, Connecticut, New York California, Illinois, Colorado and Washington are facing the end of the Trump boom four years earlier than expected, just like Patriots fans are dealing with the end of the Brady Era two to three years before its time.

Fortunately for the Patriots Bill Belichick being a competent coach is capable of raising his game enough over the next three years to soften the blow. He may or may not manage to do it but there is a chance that the Patriots while unlikely to rise to the level of the Brady years can one again become an above .500 playoff team.

Given their history and the competence level of management of those blue states I suspect they won’t be so fortunate.