®™©
“Nullification
is the rightful remedy” Thomas
Jefferson
Nullification: We Have The Authority
By de Andréa, Opinion Editorialist
for ‘THE BOTTOM LINE’:
for ‘THE BOTTOM LINE’:
Published November 10, 2015
I have written several articles about the sovereign
authority of the states to Nullify unconstitutional Federal laws. YOU CAN
READ SOME OF THEM HERE.
Some American counties are moving to defy and
nullify the totalitarian Supreme Courts so-called rulings!
It seems
that several counties in Tennessee are standing fast to uphold Biblical
marriage against the Supreme Court's illegal ruling to redefine it to include sodomites and all sexual perversion.
The illegal and unconstitutional ruling of the Nazi-like supreme court regarding marriage this past summer was not only illegal, but
a complete infringement upon the Constitution and the united States of America,
led by none other than the Harvard’s queen of perversion
Fabian Communist, Justice Elena Kagan.
First let me make ‘this’
perfectly clear: the Supreme Court nor any other court for that matter, cannot legally
rule anything. (Separation of Powers) They can legally offer “OPINIONS”
that’s all! Any’ opinion of any’ court
that is contrary to any’ law created by congress or any legislature is sent back
to congress or legislature for reevaluation.
Congress or legislature then chooses to ratify the opinion of the court,
changes the law, or abolishes it, or…’ rejects the opinion completely. If none
of this occurs, then the existing law stands. Guess what? None of that occurred,
so even if the statute of DOMA is unconstitutional, it still stands, so the
Defense Of Marriage Act is still the Law…and the truth is, ‘Same Sex Marriage’ is still against the law.
Article I Section I
of the United States Constitution: “All legislative Powers
herein granted shall be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.”
Note: All legislative powers means all power to
make law is in the Congress. That’s ‘‘all the power’’ my friend!
Article III Section I, II, and III of
the United States Constitution:
Section 1.
“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.”
Section 2.
“The
judicial power shall extend to all cases, in law and equity, arising under this
Constitution, the laws of the United States, and treaties made, or which shall
be made, under their authority;--to all cases affecting ambassadors, other
public ministers and consuls;--to all cases of admiralty and maritime
jurisdiction;--to controversies to which the United States shall be a
party;--to controversies between two or more states;--between a state and citizens of another
state;--between citizens of different states;--between citizens of the same
state claiming lands under grants of different states, and between a state, or
the citizens thereof, and foreign states, citizens or subjects.
In
all cases affecting ambassadors, other public ministers and consuls, and those
in which a state shall be party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned, the Supreme Court shall
have appellate jurisdiction, both as to law and fact, with such exceptions, and
under such regulations as the Congress shall make.
The
trial of all crimes, except in cases of impeachment, shall be by jury; and such
trial shall be held in the state where the said crimes shall have been
committed; but when not committed within any state, the trial shall be at such
place or places as the Congress may by law have directed.”
Section 3.
“Treason
against the United States, shall consist only in levying war against them, or
in adhering to their enemies, giving them aid and comfort. No person shall be
convicted of treason unless on the testimony of two witnesses to the same overt
act, or on confession in open court.
The
Congress shall have power to declare the punishment of treason, but no
attainder of treason shall work corruption of blood, or forfeiture except
during the life of the person attainted.”
Question: Did you read
anything in that part of the constitution that pertained to the Judiciary
branch that said anything about the Courts making law, changing law, or
abolishing law??? No you didn’t! The
Supreme Court can only offer opinions of interpretation of the law.
The
power of making law or amending law or the abolishment of a law lies
exclusively with the legislatures, NOT THE COURTS.
That being said:
The most important thing to consider of course is that all legislative
power in the federal jurisdiction is placed within the Congress. However, the
issue of marriage is not within their authority to make law on.
Congress
is NOT authorized to pass any law on any subject just because a majority in
Congress think the law is a good idea! Instead, the areas in which Congress is
authorized to act are strictly limited and defined
(“enumerated”).
Second, the Judicial Branch does not have any authority to rule
on the issue of marriage as their enumerated powers do not give them that jurisdiction either.
So the Issue of Marriage is actually left to the many states or
to the people, according to the 10th Amendment. “The powers not delegated to the United
States by the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people. “
So what do we do
about this dilemma? Since both the Congress and the Supreme Court have violated
the Constitution and usurped their authority. Well believe it or not there is
an app for that as they say. There are actually several legal/constitutional provisions
for this as well.
Leading the charge against the illegal ruling of the Supreme
Court, is the American Principle's Project.
"It cannot … be taken to have settled the law of the United
States," said a statement by the American Principles Project.
"We call on all federal and state officeholders: To refuse
to accept Obergefell as binding precedent for all but the specific plaintiffs
in that case," read the statement. "To recognize the authority of states
to define marriage, and the right of federal and state officeholders to act in
accordance with those definitions. To pledge full and mutual legal and
political assistance to anyone who refuses to follow Obergefell for
constitutionally protected reasons. To open forthwith a broad and honest conversation
on the means by which Americans may constitutionally resist and overturn the
judicial usurpations evidence in Obergefell."
The project cited James Madison, who wrote, "The
several departments being perfectly co-ordinate by the terms of their common
commission, neither of them, it is evident, can pretend to an exclusive or superior
right of settling the boundaries between their respective powers."
They also quoted Abraham Lincoln, who said, "Judicial decisions are of greater or
less authority as precedents, according to circumstances. That this should be
so, accords both with common sense, and the customary understanding of the
legal profession." [If a decision] "had been made by the
unanimous concurrence of the judges, and without any apparent partisan bias,
and in accordance with legal public expectation, and with the steady practice
of the departments throughout our history, and had been in no part, based on
assumed historical facts which are not really true; or, if wanting in some of
these, it had been before the court more than once, and had there been affirmed
and re-affirmed through a course of years, it then might be, perhaps would be,
factious, nay, even revolutionary, to not acquiesce in it as a precedent."
In Johnson County, officials
voted "to affirm and go on record that Johnson County is vehemently
opposed to the Supreme Court's decision in Obergefell et al v. Hodges and
supports the decision of any elected/appointed official challenging that
unconstitutional decision."
In Greene County
officials adopted a very similar statement that pointed out that "since
this country's founding [states] have regulated and defined marriage without
interference from the federal government or its courts."
In McMinn County,
officials pointed out the text of the Ninth and Tenth Amendments to the U.S.
Constitution "reserves all powers not explicitly delegated to the federal
government to the people and the states."
The votes weren't
close. Johnson County's was approved 15-0. McMinn's was 10-0 and in Greene, it
was 17-2.
Other counties are also drawing up similar nullification
resolutions, including McMinn County and Blount County. In fact, Blount
County Commissioner Karen Miller
The project then stated:
“We stand with
James Madison and Abraham Lincoln in recognizing that the Constitution is not
whatever a majority of Supreme Court justices say it is.
We remind all
officeholders in the United States that they are pledged to uphold the
Constitution of the United States, not the will of five members of the Supreme
Court.
We call on all
federal and state officeholders:
To refuse to
accept Obergefell as binding precedent for all but the specific
plaintiffs in that case.
To recognize the
authority of states to define marriage, and the right of federal and state
officeholders to act in accordance with those definitions.
To pledge full and
mutual legal and political assistance to anyone who refuses to follow
Obergefell for constitutionally protected reasons.
To open forthwith a
broad and honest conversation on the means by which Americans may
constitutionally resist and overturn the judicial usurpations evident
in Obergefell.”
While many in our culture are pushing for an Article V convention to stop federal tyranny
(something Article V was never designed to do since words do not stop
lawbreakers from breaking more laws), including out of control federal
courts, nullification and interposition is the method advanced by the founders. It is the power of
the states to do so since the D.C. government is their creature; the states are
not the creature of the D.C.
Now if one can extrapolate the truth of this fact and apply it
to past illegal so-called rulings of the Supreme Court, this country could get
itself back on track to the real Constitutional Republic it once was. Roe v Wade comes to mind. It was just another
court OPINION not a law.
THE BOTTOM LINE: Tell a lie long enough and if people
accept it as truth, it becomes the truth.
Thanks for listening – de Andréa
Please pass on this
article to everyone on your email list.
It may be the only chance for your friends to hear the truth.
Copyright © 2014 by Bottom
Line Publishing, All Rights Reserved - Permission to reprint in whole or
in part is gladly granted, provided full credit is given.
Disclaimer - The writer of
this blog is not responsible for the language or advertisements used in links
to referenced articles as source materials.
No comments:
Post a Comment