Nullifying the Constitution – Is This “States’ Rights”?




AS most of you know, there is a debate currently going on about the wisdom and the efficacy of moving toward a Constitutional Convention under Article V of the US Constitution. Those in favor say it is necessary in order to stop the federal government from usurping states’ rights and personal liberties. Those opposed say either such a venture will be hijacked by the Statist Progressives or that a better tack is to nullify illegal and unconstitutional federal laws and bureaucratic rules at the state level – hence the term “nullification.”

May we just interject at this point that this discussion is really moot. For we read in the news that states are already nullifying things. In fact, they have skipped right over  nullifying Acts of Congress and are now nullifying the Constitution.

To wit: The Second Amendment to the Constitution of the United States has now been nullified in at least two states – California and Connecticut (and we think New York and possibly others). Both states have passed laws going into effect the first of the year requiring the registration of firearms, in the one case long arms and in the other handguns and magazines.

The Second Amendment reads:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

What constitutes an infringement? If you were to exercise your First Amendment right to free speech, but had to “register” your remarks with the government, state or federal, that would constitute an “infringement”, would it not? Anytime those who lord it over you stipulate that you have constitutional rights but institute methods by which to regulate, or tax, or otherwise make you jump through hoops in order to exercise your rights, they are in fact infringing upon, and in many cases engaging in defacto denial of,  those rights. Courts have said so.

nazi gun registration

Here is a heads up and a question for those who look to an Article V convention and it’s various suggested Amendments as a way to ensure constitutional liberties and to bridle “government”: Heed the example of California and Connecticut. What amendment is it that you would propose to keep California and Connecticut from nullifying the US Constitution?

And here is a prediction: Once a sufficient number of highly populated “blue” states have succeeded in conspiring with the Statist Progressive cabal operating out of the power centers across the country, and the world, in nullifying the Constitution in a few key fundamental areas, such as the first few sacred Amendments in the Bill of Rights, the rest of it will be nothing but an unrecognizable collection of words.

Our federal system, as conceived by the Founding Fathers, is a wonderful achievement in the annals of human history .  The Bill of Rights amended to the charter was an equally wonderful supplement and perfecting tool codifying that those natural and God-given rights We The People declared for ourselves were not to be trifled with, by guile, enactment, malfeasance or violation of oath.

It is that trifling that desperately needs to be dealt with.

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December 29, 2013 7:24 am

See here is my take my dear Bob, I want the States to have all the RIGHTS because if I don’t like the freaky deaky leftist states I have other states that are in keeping with my morals with the centralized federal government I have no where to go and am a prisoner to their whims!

vassar bushmills
December 29, 2013 9:46 am

I’ve always been a fan of defacto nullification of the laws, I haven’t done much reading on it lately, but think that Washington DC and Chicago are in open defiance of the Supreme Court 2nd Amendment ruling that states, cities, etc cannot ban the ownership of guns. And that’s because this justice department won’t enforce it. But I don’t think registration anywhere is a 2nd Amendment violation, I assume, if those states have pushed the envelope too far, the NRA is right on it. As for Art V, the operative words I found are “Amendments”, “two-thirds” to call a convention,… Read more »