Constitutional Enforcement: Our Path to Return to Constitutional Government

            Texas Libertarians know that an out-of-control federal government is destroying our liberty and our country.  The insatiable federal government will never limit itself.  But we can restore our Constitution, our liberty, and our country by enforcing the constitution in Texas by nullifying unconstitutional federal acts.  State officials like sheriffs, state legislators, and the governor must honor their oaths to protect and defend the Constitution against all enemies, foreign or domestic.

           To our secessionist friends who share our determination to resist federal tyranny, we say: if you think we can more easily secede than restore constitutional government through nullification, you’re dangerously wrong.  Think Sherman with drones.

            The LPT platform has this to say about the problem:


Nullification.

Libertarians support nullification of unconstitutional federal acts by all sworn to protect and defend the Constitution of the United States of America from all enemies foreign and domestic.

Those who can and should engage in nullification and interposition include our Texas governor, legislature, and law enforcement officials, and especially our constitutional county sheriffs.


The root cause of the problems we face is a federal government that goes beyond the limits of our Constitution.  Unconstitutional federal acts have all but destroyed our currency and our economy, bankrupted us, and created an increasingly tyrannical police state.  The false expectation that the U.S. Supreme Court, a branch of the federal government, wouldl limit the power of the federal government lulled many into inaction.  The feds will never limit themselves.  The states --  especially Texas -- must act to limit federal  power before ourcountry and our freedom are totally destroyed. 

Many individuals in our political system have sworn an oath to preserve and protect the Constitution, among them: all three branches of the federal government, governors, state legislators and judges, law enforcement officers, the military, and attorneys.  Each has an individual duty to uphold that oath using his or her independent judgment as to what is Constitutional.

Just as military men must judge the constitutionality of orders, governors, state legislators, and local law enforcement must judge the constitutionality of federal edicts.  Nullification is a product of this commitment to independent judgment, integrity, and fidelity to one's oath to defend the Constitution.

Nullification is merely a refusal, especially by state government office holders, to co-operate with enforcement of unconstitutional federal edicts.  Most unconstitutional federal acts depend on assistance from state officials and local law enforcement.  If those persons and institutions refuse this assistance, much usurpation can be stopped.

But nullification can be more than a passive refusal to comply.  It can be more assertive, a type of nullification often called interposition, such as when state or local law enforcement or other officials actively interpose themselves between federal officials and the citizens being oppressed by a lawless federal government.

Some misinformed persons say that the supremacy clause of the Constitution means that the states cannot nullify unconstitutional acts, which would mean that the federal government always has the final say in constitutional disputes.  But the supremacy clause in Art. VI says that “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . shall be the supreme law of the Land.”  Logically, laws that are NOT in pursuance of the Constitution are not supreme.  In fact, they are void.  They are nullities that should be nullified.

Rejection of the notion that only the Supreme Court can say what is constitutional, when combined with a commitment to nullifying unconstitutional federal acts, is the lynchpin to our return to Constitutional government. Nowhere in the Constitution is it stated who is the final arbiter of constitutionality, yet virtually every educational and legal institution has denigrated the concept of individual judgment about what is and is not constitutional. Their approach gives the Supreme Court a monopoly that the Constitution never intended.  The Supreme Court is not the Pope -- those nine people are not divinely inspired. 

Madison and Jefferson thought it the height of madness to allow any branch of the federal government-- which, after all, the states created -- to have the final say on the federal government's powers.  They properly predicted that the practice of looking only to the Supreme Court for the Constitutional meaning would lead to an all powerful federal government.

Madison and Jefferson expected the states to resist usurpation of their sovereignty by the federal government.  They expected that resistance -- which we call nullification-- to be effective.  For far too long, there has been no effective resistance or even any resistance at all.  But it is not too late for the states to start acting like the sovereigns that they are.   Texas must lead the way to restore our Constitution and save our country and liberty.