Tenth Amendment Center: Nullification 101: Five Core Principles You Need to Know

 

Nullification 101 Five Core Principles You Need to Know (article | podcast)

Nullification is THE rightful remedy for all unconstitutional acts - usurpations of power. Understanding the five core principles that make up its foundation is essential to getting back on the path to the Constitution and liberty. 1. Power Comes from the People Government is not the master, but merely the agent of the people, exercising only the power delegated to it. George Mason made this clear in the Virginia Declaration of Rights: "That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants and at all times amenable to them." This foundational principle carried through to the Constitution itself. James Wilson put it plainly: "The truth is, that, in our governments, the supreme, absolute, and uncontrollable power remains in the people." Government exists because the people created it, and they retain the right to restrain or even alter or abolish it when it exceeds its proper bounds. 2. The Constitution is Supreme The government is not the final authority on its own power—the Constitution is. Thomas Jefferson warned against allowing government to define the extent of its own power, writing in the Kentucky Resolutions of 1798: "The Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers." Even Chief Justice John Marshall reinforced this principle in Marbury v. Madison, making it clear that unconstitutional acts are inherently invalid: “a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument” No branch of government is supreme. The Constitution is. If this principle is ignored, government power becomes limitless. 3. Unconstitutional Acts are Void If government enacts laws or policies that exceed its constitutional authority, those acts are VOID and have no legitimate force. James Otis laid this foundation in 1761: "An act against the constitution is void." Thomas Jefferson carried this principle forward in 1774, stating that unconstitutional acts do not suddenly become valid just because they are enforced: "The true ground on which we declare these acts void is, that the British parliament has no right to exercise authority over us." Alexander Hamilton reinforced this idea in Federalist No. 78, explaining that accepting unconstitutional acts would turn the system upside down: "To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master." Simply put, unconstitutional acts carry no lawful authority—whether the government acknowledges that or not. 4. Words on Paper Aren’t Enough Recognizing an act as unconstitutional and calling it void is not enough. If people treat unconstitutional acts as valid, government will continually ignore constitutional limits. Alexander Hamilton warned against this in Federalist No. 33: "These will be merely acts of usurpation, and will deserve to be treated as such." Algernon Sidney, a major influence on the American Revolutionaries, put it even more bluntly: "That which is not just is not law, and that which is not law ought not to be obeyed." The Founders understood that allowing unconstitutional acts to remain in force is no different from legitimizing them. This is why Patrick Henry, in response to the Stamp Act, argued that Virginians were not bound to comply with unconstitutional taxation: "The inhabitants of this Colony are not bound to yield Obedience to any Law or Ordinance whatever, designed to impose any Taxation whatsoever upon them, other than the Laws or Ordinances of the General Assembly aforesaid." The First Continental Congress echoed this view in 1774: "To these grievous acts and measures Americans cannot submit." Merely saying something is usurpation is not enough. Action is required. 5. It’s Not Just a Right—It’s a Duty The Founders didn’t just argue that people can resist unconstitutional acts—they insisted that they must. St. George Tucker made it clear: "Acts of congress to be binding, must be made pursuant to the constitution; otherwise they are not laws, but a mere nullity; or what is worse, acts of usurpation. The people are not only not bound by them, but the several departments and officers of the governments, both federal and state, are bound by oath to oppose them." James Madison reaffirmed this in the Virginia Resolutions of 1798: "In case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties there-to have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them." JOIN TAC, SUPPORT LIBERTY! Let’s keep building the foundation! For as little as $2/month, help us take a stand for the Constitution and liberty - whether the government likes it, or not. (they don’t!) details here Samuel Adams made it even more direct, writing in 1771: "The liberties of our Country, the freedom of our civil constitution are worth defending at all hazards: And it is our duty to defend them against all attacks." Finally, Thomas Jefferson summed it up in his draft of the Kentucky Resolutions: "Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy." Nullification isn’t just an option—it’s the remedy the Founders put forward for unconstitutional acts. The Bottom Line Nullification is built on five key principles: Power comes from the people—government is just their agent. The Constitution is supreme—not the government, not the courts, not just any federal law. Unconstitutional acts are void—whether anyone in government agrees or not. Words on paper aren’t enough—it takes action. It’s not just a right—it’s a duty to nullify usurpations of power. Understanding these principles isn’t just about learning history—it’s the key to reclaiming our own Constitution and our own liberty today. There is much, much more to this essential lesson on the foundational structure of the Constitution. But we’ve got you covered here: 📖 Read now → HERE 🎙️ Watch or listen to the podcast → HERE It’s no wonder government-run schools never teach us much about any of this. That’s part of why we work so hard every single day to reach and teach more people about this essential history - and these essential foundational principles behind the Constitution. But we can’t do it alone. Your membership support is crucial to keep these enduring ideas alive, shared, and put into practice. JOIN US TODAY! Here’s the link, you know what to do: https://tenthamendmentcenter.com/members/ Prefer to make a one-time donation? Pitch in here: https://tenthamendmentcenter.com/donate/ You can also mail a check to: Tenth Amendment Center 16755 Von Karman Avenue Suite 200 PMB 705 Irvine, CA 92606 Brick-by-brick. Person-by-person. Building a strong foundation for liberty – whether the government happens to like it, or not. (they definitely do not) Thank you so much for reading - and your support! Concordia res parvae crescunt (small things grow great by concord) Michael Boldin, TAC