Nullification? Easy As One-Two-Three!

One of the prized pieces of advice I gave my children when they graduated college is this:  “MOST EXPERTS AREN’T.”

So, why do “experts” on the political right insist on serving as our own worst enemy?

I sit in disbelief at rallies and community meetings while attorneys, gun rights advocates, and lobbyists tell us there is no such thing as nullification, and even if there was, “there is no procedure for nullifying unconstitutional federal or state laws.”

Horse hockey.

It’s time to put the misstatements of these so called “experts” to rest for good.

It’s as easy as one-two-three.

One:  Nullification is real.  The left has been doing it for the past decade.

When jurisdictions across America perform gay marriages in direct violation of the federal Defense of Marriage Act (DOMA), they are nullifying it.

When large numbers of jurisdictions across America declare themselves “sanctuary counties” for illegal immigration, in direct violation of federal immigration laws, they are nullifying them.

So why do so called, “experts,” on the right claim there is no such procedure?   Could it be because they are blind to what is really happening?  You see, nullification is not a procedure, it is a movement.

red blue counties[Map Red vs. Blue Counties, courtesy of Mark Newman Department of Physics and Center for the Study of Complex Systems University of Michigan.]

Two: As evidenced by the previous map, most counties in the United States are Red.  Furthermore, many blue counties, akin to those of the Eastern Shore of Maryland are conservative on certain issues such as the Second Amendment.  Clearly, this provides evidence that more than two-thirds of all counties in America have right-leaning voting constituencies and values.

Three:  The key to the most successful nullification movements is in the numbers.  It is most effective if lots of jurisdictions nullify simultaneously.

Let’s play a what-if game…

What-if two thousand counties in America simultaneously passed resolutions declaring Obama-care unconstitutional and declared themselves “Health Insurance Open Competition Zones?”

What-if a Board of Commissioners or Board of County Supervisors used the same vernacular as the Left, and passed a resolution declaring themselves to be a “Second Amendment Sanctuary County?”  This is exactly what Carroll County, Maryland did on May 22, 2013 when we passed our Second Amendment Preservation Resolution that prohibited the use of county resources to enforce firearms laws we deemed unconstitutional.  And, what-if the local Sheriff and States Attorney both agree they will not arrest nor prosecute under an unconstitutional federal or state law?

Now, imagine if similar resolutions were simultaneously passed by two thousand counties across America. The effect of the sheer magnitude would be profound.  As a practical matter, enforcement by federal officials that depend heavily on state and local cooperation would be impossible.  And besides, what elected federal official, other than perhaps an outright seditionist, would want to govern against the will of thousands of duly elected local governing bodies?

Finally, ladies and gentlemen, what-if July 4th, 2014 were adopted as a national day of nullification?

What would happen if thousands of locally elected boards of county commissioners and supervisors issued nullification resolutions declaring Obama-care and other unconstitutional federal infringements or our freedoms to be… well… unconstitutional, and prohibited the use of local resources for local enforcement?

The answer is self-evident.

Local elected officials, sheriffs, and states’ attorneys that want to work together to uphold their oaths of office and learn more about nullification can go to .

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