The Law Must Not Be Questioned
If individual members of society were to question the law, society would devolve into chaos. Mass anarchy would ensue. Murderers would be running
wild in the streets. Armed thugs would be breaking into peoples homes. Rapists would take up permanent residence in college dormitories. Cats and
dogs living together, mass hysteria!
I reject these arguments and you should to if you believe in a constitutional government that protects individual liberties.
The argument goes that only the Supreme Court can determine the law, or lower courts adjudicating on past decisions. That members of society are
simply too dumb to determine what constitutes a legitimate law. If individual police officers were to stop enforcing laws they felt violated the
constitution, chaos would ensue. If jurors were to stop convicting people for laws they felt violated the constitution, chaos would ensue. If judges
were to throw out cases based on laws they disagreed with, chaos would ensue.
I shall present evidence to the contrary. Indeed I believe we MUST question all laws in order to have a healthy society that protects individual
rights.
Let us look at our glorious Supreme Court as the first example of why putting all faith in our robed overlords is a bad idea. The Supreme Court, of
course, is a federal court. They are paid by federal tax dollars. They are appointed by presidential nomination. The president has no incentive to
put forth nominees that believe in limited federal power. If anyone can give me even ONE reason as to why a president should put forth a nominee that
believes in limited federal power, I’ll eat my shorts and post a video of it on YouTube. At best it could be argued he might have incentive if it
was his first term and he was looking to get re-elected.
The Supreme Court justices also have no incentive to rule in favor of states or the people when determining cases. Since they are paid by federal
taxes and depend upon the vast mechanisms of the federal justice system to give them continued purpose, it becomes clear they have incentive to rule
AGAINST individual or states rights in favor of federal power.
Of course, this is not a blanket statement. The Supreme Court has ruled in favor of state and individual rights on numerous occasions. However, this
does not change the fact that no real incentive exists for them to do so, other than the fact they could cause an insurrection if they took too much
liberty away at once.
Let’s look at some past examples of the Supreme Court upholding individual rights.
On blacks being protected citizens of the US:
“They [African Americans] are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can
therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.”
-Chief Justice Roger Taney
On racial segregation:
“We consider the underlying fallacy of the plaintiff’s argument to consist in the assumption that the enforced separation of the two races stamps
the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race
chooses to put that construction upon it.”
-Justice Henry Billings Brown
On the government’s authority to forcibly sterilize “imbeciles” and force vaccinations:
“It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility,
society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to
cover cutting the Fallopian tubes.”
-Justice Oliver Wendell Holmes, Jr.
On the federal government’s authority to govern every aspect of commerce:
“It is established beyond peradventure that the Commerce Clause of Art. I of the Constitution is a grant of plenary authority to Congress. That
authority is… the power to regulate; that is, to prescribe the rule by which commerce is to be governed.”
-Justice William Rehnquist
Given the above egregious examples, it’s clear that the Supreme Court has acted not only against the people in the past, but as a servant of tyranny
fit to be compared with the likes of Hitler, Mao, and Stalin.
The original Ordinance of 1787 set the precedent by which the United States would expand westward across North America by the admission of new states,
rather than by the expansion of existing states. The Ordinance also included a provision banning slavery in these new states, as well as many of the
enumerated rights found in the Bill of Rights.
The question becomes why would the founding fathers establish new individual states over simply one massive expanding state? Because they knew that
the freedom to vote with your feet would play an important role in keeping government tyranny in check. When the federal government enacts laws,
there is no where to run.
Thomas Jefferson writes in the Kentucky Resolution that states MUST have the right to nullify federal laws in order to keep tyranny in check:
“… 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 fœderis) 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”
James Madison seconds Jefferson’s views in the Virginia Resolution:
“The resolutions, having taken this view of the Federal compact, proceed to infer that, in cases 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 to
arrest the evil, and for maintaining, within their respective limits, the authorities, rights, and liberties appertaining to them.”
We know without a shadow of a doubt that the framers of our government intended for states to have the authority to nullify federal law that falls
outside the explicitly enumerated powers granted to the federal government under Article 1 Section 8 of the Constitution. They knew that without the
power to nullify, states would be nothing more than subjects to a tyrannical crown. Common sense tells us this – since why would a state government
willingly give up all power to a federal government by signing on to a constitution that eliminates all of their sovereignty? While all the framers
felt that the federal government had the authority to act against the states regarding laws that fell within the enumerated 17 powers granted the
federal government in the Constitution and the Bill of Rights, anything that fell outside of that was clearly under the authority of the states.
Continuing on with individual members of our society acting to nullify bad laws; just as states were intended to be able to nullify bad federal law,
individuals charged with upholding law were also intended to be able to nullify ALL bad law for the exact same reasons.
There is an important distinction that must be highlighted between NULLIFYING a law and CREATING a law. By choosing to not enforce a law, a member of
society is not imposing new restrictions upon society. By nullifying a law through inaction, a person can not legalize an action for everyone, only
the State can do that. However, a person could stop the unjust prosecution of a law. For example, it’s basically illegal in California to shoot
anyone in the back for any reason. If an intruder breaks into a person’s home and the homeowner shoots that individual in the back thinking he was
turning to reach for a weapon, a jury could nullify his conviction, even though he is technically guilty of the crime. The action of voting “not
guilty” does not suddenly legalize murder.
The most common argument against nullification is that individuals are too stupid to determine what constitutes a bad law. Common sense tells us this
is a ridiculous argument. Intelligence plays little role when deciding if a law is just or unjust – what must be argued is the morality and
self-preservation of the general population. Morals play the key role in making a personal decision to nullify a law, not intelligence. Even a
person with the intelligence of a 5 year old knows it’s wrong to hurt other people. Does anyone honestly think that any member of society would
choose to let a murderer go free that is clearly guilty of the crime? People have a built in incentive NOT to do so, since they may be the next
victim of his violence if they do. Even if you put a convicted murderer in the jury of another murderer, it’s highly doubtful that he would nullify
a murder conviction if the defendant was guilty.
Individual nullification was used to assist runaway slaves. People acting against what they felt were tyrannical laws are what established the
underground railroad. Individual nullification was used to prevent political writers that spoke out against the crown from being imprisoned prior to
the revolution. In fact individual nullification has a LONG history of preventing injustice, compared to very little history of causing
injustice.
continued.