The Nullification Alternative

By:  Joe Wolverton, II, J.D.
01/06/2014
       
The Nullification Alternative

State nullification of unconstitutional federal laws is the way to go to protect the rights of the states and the people against federal overreach, as opposed to calling an Article V constitutional convention, as proposed by Mark Levin and other celebrity “conservatives.”

The right of states to nullify unconstitutional federal laws was until recently almost unknown to today's generation of Americans. But that has been changing in recent years, as growing numbers become aware that under the 10th Amendment of the U.S. Constitution states retain the power to stop federal unconstitutional encroachments — from ObamaCare to gun control — at the state border.

Much of the awareness has been created through liberty-minded alternative media and organizations. But more and more the nullification issue is being reported by the mainstream media — and sometimes favorably.

On December 27 the Washington Times published in its "Communities" section an important opinion piece by Michael Lotfi that makes the case for using nullification to fight back against federal usurpations. But the author, who is the Tennessee associate director of the Tenth Amendment Center, does much more than that in his article. He also refutes the proposal “for an Article V constitutional convention of the states as salvation.” That proposal is now being promoted by celebrity “conservative” Mark Levin, among others.

Lotfi begins his article by acknowledging Levin's influence in conservative politics:

Mark Levin has one of the top-rated syndicated talk radio shows in the country. No one can deny that the lawyer and New York Times bestselling author commands major clout in conservative politics.

However, should this clout serve as a warrant for millions of Americans to blindly follow him?

Indeed, it should not. Levin, after all, is notorious among many segments of the conservative spectrum for his assertion that the president of the United States has power to “make war.” If he is wrong regarding the power to declare war — which under the U.S. Constitution is a congressional power — could he  also be wrong regarding his trumpeting of a constitutional convention? Lotfi does not make this particular point in his article, but he does make very clear that Levin is wrong regarding the con-con issue. “Not only is an Article V constitutional convention not the right answer, it is the bullet to a loaded revolver pointed at the Constitution,” Lotfi writes.

Of course, Levin is not the only celebrity “conservative” leading the con-con charge. Others include Sean Hannity, Rush Limbaugh, and most recently, Glenn Beck.

For his part, Beck is a recent convert to the claque of “conservatives” clamoring for a con-con. He seems to be a true believer, though, going so far as to “bury the hatchet” with Levin and make a joint video praising the Compact for America (CFA) and other pro-Article V efforts.

On his website, Beck offers his fans “some additional reading materials so [they] can learn more about” the Article V movement. One of documents provided by Beck is by Indiana State Senator David Long.

Click here to read the entire article.

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