FFF: Nullify Government Tyranny

Constitutional attorney and author John Whitehead has written an article on the need to practice the historic doctrine of nullification against government tyranny. The nullification doctrine says that states, local governments, and individuals have an inherent right to void laws they deem unconstitutional. Many readers may have heard of the specific case of jury nullification but may not remember from their history the nullification crisis of the early 1800s. In recent years, nullification has been surfacing again in the cases of immigration sanctuaries and second amendment sanctuaries.

…Everything the founders of this country feared has come to dominate in modern America. “We the people” have been saddled with a government that is no longer friendly to freedom and is working overtime to trample the Constitution underfoot and render the citizenry powerless in the face of the government’s power grabs, corruption and abusive tactics.

So how do you balance the scales of justice at a time when Americans are being tasered, tear-gassed, pepper-sprayed, hit with batons, shot with rubber bullets and real bullets, blasted with sound cannons, detained in cages and kennels, sicced by police dogs, arrested and jailed for challenging the government’s excesses, abuses and power-grabs?

No matter who sits in the White House, politics won’t fix a system that is broken beyond repair.

For that matter, protests and populist movements also haven’t done much to push back against an authoritarian regime that is deaf to our cries, dumb to our troubles, blind to our needs, and accountable to no one.

So how do you not only push back against the police state’s bureaucracy, corruption and cruelty but also launch a counterrevolution aimed at reclaiming control over the government using nonviolent means?

You start by changing the rules and engaging in some (nonviolent) guerilla tactics.

Take part in grassroots activism, which takes a trickle-up approach to governmental reform by implementing change at the local level (in other words, think nationally, but act locally).

And then, nullify everything the government does that flies in the face of the principles on which this nation was founded.

If there is any means left to us for thwarting the government in its relentless march towards outright dictatorship, it may rest with the power of juries and local governments to invalidate governmental laws, tactics and policies that are illegitimate, egregious or blatantly unconstitutional.

In an age in which government officials accused of wrongdoing—police officers, elected officials, etc.—are treated with general leniency, while the average citizen is prosecuted to the full extent of the law, nullification is a powerful reminder that, as the Constitution tells us, “we the people” are the government.

For too long we’ve allowed our so-called “representatives” to call the shots. Now it’s time to restore the citizenry to their rightful place in the republic: as the masters, not the servants.

Nullification is one way of doing so…

Click here to read the entire article at the Future of Freedom Foundation.

Mises: How to Avoid Civil War

Echoing the thoughts of intelligence analyst Sam Culper of Forward Observer in his previous videos on Civil War, the Mises Institute weighs in on the need for political separation in the United States in order to avoid a bloody civil war.

How to Avoid Civil War: Decentralization, Nullification, Secession

It’s becoming more and more apparent that the United States will not be going back to “business as usual” after Donald Trump leaves office, and it is easy to imagine that the anti-Trump parties will use their return to power as an opportunity to settle scores against the hated rubes and “deplorables” who dared attempt to oppose their betters in Washington, DC, California, and New York.

This ongoing conflict may manifest itself in the culture war through further attacks on people who take religious faith seriously, and on those who hold any social views unpopular among degreed people from major urban centers. The First Amendment will be imperiled like never before with both religious freedom and freedom of speech regarded as vehicles of “hate.” Certainly, the Second Amendment will hang by a thread.

But even more dangerous will be the deep state’s return to a vaunted position of enjoying a near-total absence of opposition from elected officials in the civilian government. The FBI and CIA will go to even greater lengths to ensure the voters are never again “allowed” to elect anyone who doesn’t receive the explicit imprimatur of the American intelligence “community.” The Fourth Amendment will be banished so that the NSA and its friends can spy on every American with impunity. The FBI and CIA will more freely combine the use of surveillance and media leaks to destroy adversaries.

Anyone who objects to the deep state’s wars on either Americans or on foreigners will be denounced as stooges of foreign powers.

These scenarios may seem overly dramatic, but the extremity of the situation is suggested by the fact that Trump — who is only a very mild opponent of the status quo — has received such hysterical opposition. After all, Trump has not dismantled the welfare state. He has not slashed — or even failed to increase — the military budget. His fights with the deep state are largely based on political issues, and not on major policy disagreements. Trump, for example, sides with the surveillance state on matters such as the prosecution of Edward Snowden.

His sins lie merely in his lack of enthusiasm for the center-left’s current drive toward ever more vicious identity politics. And, more importantly, he has been insufficiently gung ho about starting more wars, expanding NATO, and generally pushing the Russians toward World War III.

For even these minor deviations, we are told, he must be destroyed.

So, we can venture a guess as to what the agenda will look like once Trump is out of the way. It looks to be neither mild nor measured.

And then what?

In that situation, half the country — much of it from the half that calls itself “Red-State America” may regard itself as conquered, powerless, and unheard.

That’s a recipe for civil war.

But how can we take steps now to minimize this polarization the damage it is likely to cause?

The answer lies in greater decentralization and local autonomy. But as long as most Americans labor under the authoritarian notion that the United States is “one nation, indivisible” there will be no answer to the problem of one powerful region (or party) wielding unchallenged power over a minority.

Many conservatives naïvely claim that the Constitution and the “rule of law” will protect minorities in this situation. But their theories only hold water if the people making and interpreting the laws subscribe to an ideology which respects local autonomy and freedom for worldviews in conflict with the ruling class. That is increasingly not the ideology of the majority, let alone the majority of powerful judges and politicians.

Thus, for those who can manage to leave behind the flag-waving propaganda of their youths, it is increasingly evident that something other than repeating bromides about teaching high-school civics, reading the Constitution, or electing “strong leaders” will have to be done…

Writing at The American Conservative, Michael Vlahos, for example, appears unconvinced that violence can be avoided. But even he concedes the violence is unlikely to take the form of mass bloodshed as seen in the 1860s:

Our antique civil wars were not bound to formal rules, yet somehow they held to well-etched bounds of expectation. American society today has very different norms and expectations for civil conflict, which certainly will constrain how we fight the next battle.

Today’s America no longer embraces a national landscape of an industrial-lockstep battlefield (think Gettysburg, D-Day). Our next civil war — as social media so eloquently reminds us — will enact its violence on a battle campus of equal pain, if less blood.

Many devotees of perpetual federal supremacy, of course, won’t admit even this. Any attempt at decentralization, nullification, or secession is said to be invalid because “that was decided by the Civil War.” There is no doubt, of course, that the Civil War settled the matter for a generation or two. But to claim any war “settled things” forever, is clearly nonsense.

It is true, however, that if the idea of a legally, culturally, and politically unified United States wins the day, Americans may be looking toward a future of ever greater political repression marked by increasingly common episodes of bloodshed. This is simply the logical outcome of any system where it is assumed the ruling party has a right and a duty to force the ways of the one group upon another. That is the endgame of a unified America.

Click here to read the entire article at Mises Wire.

AmCon: Civil War Begins When the Constitutional Order Breaks Down

A good deal continues to be written on the possibility of another civil war in the United States. The Atlantic‘s December issue is entirely devoted to the idea. The article below is from The American Conservative and discusses the irreconcilable visions of American life and why the resolution to such crises always leads to violence. The author is a professor at Johns Hopkins University and has written books and papers on terrorism, insurgency, counterterrorism, and strategic defense.

Civil War Begins When the Constitutional Order Breaks Down

A lithograph cartoon depicting U.S. Rep. Preston Brooks’ attack on Sen. Charles Sumner in the U.S. Senate chamber on May 22, 1856. (J.L. Magee/public domain)

Civil war is, at root, a contest over legitimacy. Legitimacy—literally the right to make law — is shorthand for the consent of the citizens and political parties to abide by the authority of a constitutional order. Civil war begins when this larger political compact breaks down.

Civil War means that there is a functional split within the source of legitimacy between two parties, each of which was formerly part of the old constitutional order. Thus each can claim that it represents the source of new legitimacy, and the right to define a new or reworked constitutional order.

Hence civil war becomes a struggle in which one party must successfully assert a successor legitimate order, and to which the opposing party must eventually submit. This is above all a contest over constitutional authority. Inasmuch as civil war happens after constitutional breakdown, it means that resolution must be reached not only outside of a now-former legal framework, but also unrestrained even by longstanding political customs and norms. Extra-constitutional force is now the deciding factor, which is why these struggles are called civil wars

The character of civil war is existential. The breakdown of the old order forces frightening prospects on society. If constitutions represented a collective source of authority, in its violent replacement are suddenly two opposing and inimical pretenders, each crying for both allegiance and punishment. Moreover, one party’s victory is the inevitable loss of the other’s way of life.

Hence in such conflicts, the entire society must choose sides, and it is an all-or-nothing choice. Moderates and undecided, and those peaceful fence sitters all are forced to join warring factions. In civil war, perhaps the greatest violence, in the heart, is the aggressive coercion to join a warring cause…

American constitutional order has not broken down, yet. Constitutional legitimacy still rules…A daily torrent of unfiltered evidence suggests that our constitutional order is fissuring before our eyes. That we have skirted constitutional crisis for the past quarter century is no reassurance, but rather an alarm of continuing erosion. Each new test is yet more bitterly contested, and still less resolved…

Already, warring sides have hardened their hearts so that they will do almost anything in order to prevail. The great irony is that their mutual drive to win—either to preserve their way of life, or make their way of life the law of the land—means that the battle has already become a perverse alliance. Today they refuse to work together in the rusting carapace of old constitutional order. Yet nonetheless they work shoulder-to-shoulder, together, to overthrow it. For both sides, the old order is the major obstacle to victory. Hence victory is through overthrow…

Click here to read the entire article at The American Conservative.

Related:

SHTF Plan: Bill Maher: “Learn to Live with Each Other or There Will Be Blood!”

Dollar Collapse: Civil Unrest is the New Normal Out There