There are some, most notably Mark Levin, who dismiss a ‘run-a-way’ Convention of States as not possible, totally ignoring the Convention of 1787, which was indeed a run-a-way Convention. They claim that the 38 States requirement for ratification would prevent that. Remember that any alteration of the Articles of Confederation and Perpetual Union needed all 13 States to ratify. So they just changed that to three quarters of the States.
They equally deride nullification, conflating this with the secessions of 1860. That’s even a further stretch. The two major nullification movements were concerns for the Constitutionality of laws and of economics. The tariffs of 1828 and 1832, though moderated, were still at the forefront of the secession movement. The Southern States were considered economic step-children of the North wherein lay the centers of banking and manufacturing, most notably textiles. The South, being the producers of cotton, had to ship to the Northern textile mills—subject to the tariffs—and had to import the finished products—again subject to the tariffs. (A treatise on the War of Northern Aggression could naturally follow but would be a digression from our goal here. Here is an excellent article on this subject. )
Consider this as a current example. California has declared itself a ‘sanctuary’ for ‘illegal aliens’. While they would bristle at being labeled ‘nullifiers’, that is what they have done. The problem for California is that Article 1, Section 8, Clause 4 of the Constitution gives Congress authority in this area and California is therefore in violation of Article 6, Section 2.
So, where does all this leave us in terms of solutions?
We believe it starts with us, We the People; not in elections, not in calling your members of Congress, although they are important actions to take.
No, we must, first and foremost, acquaint ourselves with the Declaration of Independence, the Constitution, and even the Federalist Papers and what they meant and were intended for.
We must learn true history as opposed to the twisted versions being promulgated by those progressives who would destroy us. Our current public education system is complicit in that effort and needs to be reclaimed. Check out the writings of education reformers John Dewey, Herbert Marcusa, Erich Fromm and associates of the Frankfurt School (based in pre-war Germany, Marcusa, Fromm, and others immigrated to the US before World War II and landed at Columbia University and the University of Chicago Schools of Education, and Hollywood)
We must then impart those basic truths to those around us—our children and grandchildren for starters.
We must train up a generation that is loyal to the Founder’s vision and the documents they produced.
Admittedly, this will take time and we have an election on the immediate horizon. We believe the most important qualification to be examined is the candidate’s view of LIBERTY and the oath of office about to be sworn. One of the most disturbing statements of a candidate or office holder is—“I will listen to my constituents before I make a decision”. This should be seen as a red flag that the candidate has no intention of upholding the ‘Oath of Office’ to Preserve, Defend, and Protect the Constitutions– that he or she will simply bend to the strongest wind.
There is a large minority which, some knowingly and some unwittingly, is trying with increasing success to ‘—fundamentally transform America…’
This cannot be allowed to continue or we will indeed lose our LIBERTY and the country we love.
So we recommend State nullification of unconstitutional Federal action first. We must encourage those in elected office who have the knowledge and courage to do so. (We have seen that the States suing in Federal Court is the wrong, and usually unsuccessful, approach). Then we can examine well done resolutions for the Article V Convention for full National repeal.
We will examine nullification and how it could and should work—next time.
Bud Garner