Stephen Colbert Hit-piece On Nullification And State Sovereignty

February 2, 2013

Some points in reaction to the video:

1.) Lincoln was not a founder of our nation and had no regard for the U.S. Constitution. Killing people and forcing your will upon them does not solve a debate on any topic.

2.) Nullification does indeed work. Just ask the fourteen plus states that now have medical marijuana laws on the books and the two states that have legalized Marijuana outright–with many more planning to do the same. Northern states used nullification to fight slavery by refusing to comply with the Fugitive Slave Act. States have also refused to implement the Read ID Act and the list of nullification successes goes on. Nullification works and is only picking up steam as the Federal government continues to violate the U.S. Constitution.

3.) Article Six (the supremacy clause) of the United States Constitution actually says:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Our friend Cliff Sloan is lying through his teeth. He leaves out “This Constitution, and the Laws made in Pursuance thereof; shall be the supreme Law of the Land” when he quotes the constitution. Read correctly the meaning is clearly that only constitutional laws are the supreme law of the land, NOT that all laws made by the Federal Government are the supreme law of the land.

4.) Thomas Jefferson, who actually made our system and actually knows how it works said, “Where powers are assumed (by the Federal Government) which have not been delegated, a nullification of the act is the rightful remedy.” –Thomas Jefferson: Kentucky Resolutions, 1798. 

You don’t file a case with the Federal Government to undo an unconstitutional law as Cliff Sloan suggests, you nullify the law.

5.) Article Three of the United States Constitution actually says:

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Notice the article says “The Judicial power of the United States..”. What is the United States? It is the Federal Government. Remember that the constitution is a legal contract, agreed upon by the states, that formed the Federal Government. And so, when the constitution (a document that created the Federal Government of the United States) speaks to the power of the United States, it is only speaking of the power of the Federal Government. In other words, article three only speaks to the Federal Government and its own Federal legal system. It does not speak to the relationship between the Federal Government and the individual states that created it.

It would be nice if the media would stop perpetuating lies, but that seems unlikely to happen any time soon. While it’s tough to win an argument when the ‘other side’ can lie to millions of people repeatedly and with ease via the media machine, we have the internet, we’re fighting back, and they know it.

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