February 2012
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Nullification

A lot of talk has been circulating recently about nullification, the right of States to “nullify” certain Federal laws. (Though interestingly, no thought has been given to the rights of cities and counties to “nullify” State laws… but that is neither here nor there for the moment.)

Indeed, I first wrote about this subject this past April, when I learned that the GA Senate had passed a resolution supporting it. State Senator Chip Pearson then responded to my email with his own thoughts on the matter.

More recently, the issue has been gaining traction with the Ray McBerry, “States Rights”, and Tea Party crowds. Indeed, there is a Facebook group called “Georgia Nullification Movement” that has gained 150+ members in about three days.

I maintain what I said back in April, that nullification, if used today, will lead directly to war – a move I can NOT support.

At the same time, I feel some clarification is necessary on my exact position regarding defending our rights.
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These Representatives Got Balls

I saw something while working on this post for Georgia Legislative Watch that caught my eye.

It was known as HR 280, and its title was “Claim sovereignty under Tenth Amendment of Constitution over certain powers; serve notice to federal government to cease and desist”.

Basically, this Resolution says that the 10th Amendment to the US Constitution declared that any power not specifically vested in the National government via the Constitution was reserved to the States. The National government was created to be an agent of the States, yet now treats the States as agents of the National government. Many National decisions are direct violations of the 10th Amendment, and SCOTUS ruled in 1992 that the US Congress can not simply override the legislative and regulatory processes of the States. Finally, there is a lot of stuff going on right now in Washington that if done as proposed would further violate the 10th Amendment.
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