WHAT ARE YOU LOOKING AT?MOVE ALONG…NOTHING TO SEE HERE

Shhhhhh!

"WHO IS THE GRINCH THAT STOLE STATE SOVEREIGNTY?"

NULLIFICATION&

INTERPOSITIONREAL OR

IMAGINARY?

These are Keys to State Sovereignty

& MAINTAINING A FREE SOCIETY

HISTORYWhat you don’t know about

Historycan make you DEAD, or

worse, it can make you a SLAVE

Robert Fulton Invented Steamboat

Supremacy Clause voids Nullification by

the States

BOTH UNTRUE• Samuel Morey• 1792• $10,000• Chancellor Livingston &

Robert Fulton• John Fitch also before

Fulton• Robert Fulton 1807

• Honest interpretation of the Supremacy Clause indicates it ONLY refers to the 17 enumerated powers granted to the Federal Government in the Constitution!

We the People……???

Who has the final say?

MUST WE SUBMIT TO ALL CONGRESS DOES?

• Does “We The People” mean only that we have the right to vote?

• If Government passes laws against “the Laws of Nature and of Nature’s God are we subject to them?

• Is our only available option the vote?• Did the Founders believe there is a 5th arm of

government….We the People?

Nullification by Thomas WoodsFederalist Papers #40, #45, & 78

Kentucky Resolutions 1798 & 1799Virginia Resolutions 1798

Assurances given at State ConventionsMadison’s Report of 1800Madison Sovereignty 1835

“A Living Constitution”The American Revolution was fought to defeat the idea of a

‘living constitution’

Jefferson wrote:

“In questions of power, then, let no more be heard of confidence in man, but

bind him down from mischief by the chains of

the Constitution.”

A Critical Perspective:

Jefferson said, “To consider the Judges of the Superior Court as the ultimate Arbiters

of Constitutional questions would be a dangerous doctrine which would place us

under the despotism of an oligarchy. They have with others, the same passion for party,

for power, and

for the privileges of their corps-and their power is the more dangerous as they are in office for

life, and not responsible, as the other functionaries are, to the Elective control. The Constitution has elected no single Tribunal. I

know of no safe depositary of the ultimate powers of society but the people themselves.”

King John signs the Magna Carta1215

Article 39 Magna Carta

• No free man shall be captured, and or imprisoned, or disseised of his freehold, and or of his liberties, or of his free customs, or be outlawed, or exiled, or in any way destroyed, nor will we proceed against him by force or proceed against him by arms, but by the lawful judgment of his peers, and or by the law of the land.

• For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood

From where did the Barons acquire the

right to stand against King John?

1554 Jury acquitted Sir Nicholas Throckmorton…He was on trial for alleged participation in Wyatt’s Rebellion. The court still sent him to the Tower and jailed the jury!

Sir Nicholas

Throckmorton

Jury (or open rebellion) only means to enforce Magna Carta

• 1664 juries fined for acquitting defendants

• 1670 William Penn charge: Quakerism 4 jurors refused to

convict• The 4 were imprisoned and

starved for 4 days• 3 paid their fines 1

did not

• Edward Bushnell took his case to Court of Common Pleas

• Chief Justice Vaughan decreed jurors could not be punished for verdicts

• This is one of most important verdicts in jury history

Over Time Magna Carta Changed Things

• King could make LAWS• But POWER

moved to the PEOPLE….via• Nullification

Because of Magna Carta POWER moved from the king to the people…..This is the political origination of the concept of :

“WE THE PEOPLE”

It took years for all of this to happen, but it was Magna Carta

that set the stage in England for the eventual removal of power from

the KINGS & QUEENS of England to Parliament.

Nullification strong in England during 18th Century and arrived in America in all its GLORY

• Colonial Juries nullifying England’s Navigation Acts led England to begin using non-jury admiralty courts

• John Hancock under Nav. Acts fined triple the cost of his goods and his ship was seized

• Zenger court case, he criticized royal Gov. via newspaper

• Zenger stated the truth but Judge directed the Jury “truth is no defense.”

• Georgia vs Brailsford 1st Supreme Ct. Justice John Jay told jurors they have “a right to determine the law as well as the fact in controversy.”

• Lysander Spooner & 1850 Fug. Slave Law

Jury Nullifications in America

• Salem Witch Trials 33 “witches” executed led to 52 consecutive hung juries or acquittals

• Freedom of Speech confirmed 1734 John Peter Zenger’s trial

• 1850 Fugitive Slave Law• Wild Bill Hickok

• Prohibition• “Conspiracy” charges

brought against union workers

But this is modern times and nullification is no longer relevant RIGHT?

• Prohibition: JN was major contributing factor in repeal

• In Kentucky today juries often refuse to convict under marijuana prohibition laws

The TRUTH is that “We the People” still have this power. Just because the courts fail to tell us of

this power does not mean we do not have it!

We can still NULLIFY BAD LAWS. All we have to do is DO IT!

Jefferson said

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its Constitution.”

Jefferson stated:

• “A strict observance of written laws is doubtless one of the highest duties of a good citizen, but it is not the highest….

• “The law of necessity, of self preservation, of saving our country when in danger, are of higher obligation…

Jefferson continued

• “To lose our country by a scrupulous adherence to written law would be to lose law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means.”

Franklin: jury nullification is “better than law, it ought to be law, and will always be law wherever justice prevails.”

Jefferson: “Were I called upon to decide whether the people had best be omitted in the Legislative or Judiciary department, I would say it is better to leave them out of the Legislative. The execution of the laws is more important than the making [of] them.”

Why do we need jury nullification?

• “We the People” is where gov. derives its power and authority

• Government has no capacity to admit its laws are wrong.

• Free elections inadequate to prevent tryanny

• Gov. must try to enforce its laws whether laws are good or bad

• To protect citizens from government oppression

• Legislative body always confirms Constitutionality of its own acts

And we need jury nullification because

• Judges and public servants consistently fail to uphold oath to ‘support & defend the Constitution’

• Protects the minority from the majority

• Supreme Court has shown a tendency to support other branches of gov. over the obvious rights granted by the Laws of Nature and of Natures God

Judges question jurors• Spooner complained "that

courts have repeatedly questioned jurors to ascertain whether they were prejudiced against the government. ... The reason of this ... was that 'the Fugitive Slave Law, so called' was so obnoxious to a large portion of the people, as to render a conviction under it hopeless (if the jurors were taken indiscriminately from among the people)."

Why would Judges question citizens?

• Previous courts experienced nullification of the Fugitive Slave Law and desired to

prevent more nullification

• Today we praise these JURY-NULLIFICATION VERDICTS!

In relation to juror’s oaths and voir dire, Lysander Spooner stated:

• “The only principle under which these questions are asked is this – that no man shall be allowed to serve as juror unless he be ready to enforce any enactment of the government, however cruel or tyrannical it may be. …A jury like that is palpably nothing but a mere tool of oppression in the hands of the government.”

Spooner further stated:

• “In short, if the jury have no right to judge of the justice of a law of the government, they plainly can do nothing to protect the people against the oppressions of government; for there are no oppressions which the government may not authorize by law.”

Why do so few citizens know about JURY NULLIFICATION?

1895• Supreme Court in

a split decision decided courts no longer had to inform juries they have the power to veto an unjust law!

Why this ruling?• Giant corp. had

lost numerous trials against labor unions & these corporations Pressured the Court

Juries had ruled against Giant Corp. in numerous damage suits and other cases

• American Bar Assoc. feared juries were becoming to hostile to Big Corp. and too sympathetic for the poor

• American Law Review wrote in 1892 that Jurors had ‘developed agrarian tendencies of an alarming character’

THIS IS THE PERIOD WHEN PROGRESSIVES

BEGIN TO SURFACE

Remember!

It was absolutely necessary to remove the concept of JURY

NULLIFICATION from the hands of “WE THE PEOPLE.”

It was mandatory to take power out of the hands of the people and put it into the hands of institutions PROGRESSIVES COULD CONTROL!

Charles GregoryGeorgia Legislator

• Fully Informed Jury Act• This act states, “In a criminal jury trial, the

court shall permit the defendant or his or her counsel to argue for jury nullification in its role as the judges of the law and the facts pursuant to Article I, Section I, Paragraph XI of the Constitution.”

When juries are not allowed to judge both fact & law, it becomes trial by the

government, NOT TRIAL BY YOUR PEERS

Juries judge BOTH!

• FACTS• Life imprisonment

for eating w/ Fork• Failure to Worship

Obama• Failure to turn in

your guns

• LAW• Unless Jury can

judge both FACTS & LAW they become nothing more than a tool of the government!

Col. Sanders Arrested In Gainesville

ITS REALLY THE SAME CONCEPT!

State Sovereignty linked to Jury Nullification

HERE’S THE RELATIONSHIP

• God intended man to be free• Freedom is an

unalienable right

• We the People granted power to the states so states have only the power we give them

The SUPREMACY CLAUSE when correctly interpreted ONLY

applies to the 17 enumerated powers granted the Federal

Government by the Sovereign States

Founders had just fought war against tyranny….does it make any

sense they would have granted their creation the power that some

people contend exists in the “Supremacy Clause?”

SPECIFIC ENUMERATED POWERS

• States elected to ONLY GIVE SPECIFIC powers and to retain ALL OTHERS

• Because we delegate some powers DOES NOT mean we give up ANY POWERS!

By definition an “UNALIENABLE RIGHT” cannot BE transferred

• Compact between states could only transfer what belonged to People and the States

• Central Gov could only acquire power that belonged to WE THE PEOPLE

Can States Nullify Federal Laws?For & Against

• After fighting tyranny Founders would never give Gov ultimate power

• 10th Amendment • Founders understood history and

sovereignty remained with the people & was exercised via the States

• Articles of Confederation have never been repealed & Article 2 “states retain sovereignty

• States were to have major voice via the Senate

• People never voted directly on Constitution, States approved it & never would have if it meant giving up their sovereignty

• Courts began early to attempt to neuter the states

• Supreme Court has ruled the Constitution is not a compact between States but the people

• Chisholm v. Georgia 1793 because Constitution says “We the People”

• Martin v. Hunter’s Lessee 1816• McCulloch v. Maryland 1819• Texas v. White 1869• Marbury v. Madison 1803• SCOTUS started early expanding its

powers not authorized under Article III

Federalist 40 Sect 11…the States are “distinct and independent sovereigns”

• If the people via the States cannot nullify unconstitutional acts then they no longer have the ability nor the Right “….to alter or to abolish it, and to institute a new Government….” as our Declaration of Independence says; (WHICH IS THE ULTIMATE NULLIFICATION) nor the right to call for the Convention of the States to propose amendments to the Constitution which we clearly possess by law!

Right to Self Defense

My Poor Neighbor

If only we had a car……

My Wealthy Neighbor

Our Legislators believe it is alright if they pass a law to take from one person and give to another

A Jury DeliberatesRecognizing that Juries have the right to judge both law and fact is as vital to freedom as is the right of the State to Nullify the LAWS of its creation when that creation oversteps the limits placed on it by its creator, the States

REMEMBER

• The Founders did not intend for the gov. they created to be all powerful.

• The Founders recognized Divine Providence as the ultimate lawgiver.

• The Founders did not grant ultimate authority to the Courts in areas other than the enumerated powers.

And• The Founders intended for the states to

retain control of its creation.• The Founders intended for the people via

the jury to have a final say on laws.

The Doctrine of the Lessor Magistrates

When the superior or higher civil authority makes unjust/immoral

laws or decrees, the lessor or lower ranking civil authority has both a

right and duty to refuse obedience to that superior authority. If

necessary, the lesser authorities even have the right and obligation to actively resist the superior authority.

From where did the Barons acquire the right to stand against King John?

God

•God is the ultimate

Law-Giver and Ruler

Church History teaches:

• “when the State commands that which God forbids or forbids that which God commands, men have a duty to obey God rather than man.”

Some Supporting Scripture

Daniel 4:17, 6:2, 6:10, 6:21-23;l Samuel 14:24-25;

Exodus 1:15-22, 20:3; James 4:12; I Tim 6:15; Colossians 1:16;Proverbs 8:15; Hosea 8:4

A magistrate who upholds or follows an unjust or immoral law

becomes complicit in the higher authorities’

rebellion against God.

Historical Examples

From the Bible• Midwives against Pharaoh• People interpose for

Jonathan agnst. King Saul• Daniel agnst. King Darius• Peter & Apostles/Sanhedrin

“We must obey God rather than human beings! “

Recent/Secular • Petronius defies Caligula• 1989 Romania people

interpose for Pastor Laszlo Tokes

• Lesser Magistrates/King John via Declaration of Independence

Question?

Why do we almost NEVER HEAR

these concepts preached from the pulpit

Is it the church?

Or is it WE THE PEOPLE?

FINAL THOUGHTS:

• Constitution is a COMPACT between States to create the Federal Gov.• The creation (Federal Gov.) of this

contractual agreement should not be allowed to determine how much power it has!• This is why the power was NOT GRANTED

TO THE SUPREME COURT

Two Views of Government:Biblical View Pagan View

BIBLICAL: PAGAN VIEW

• State is Divinely Ordained

• State authority is LIMITED

• Leads to PATRIOTISM• Results in a Republic• Based on CREATION

• State is DIVINE• State Authority is

UNLIMITED• Leads to STATE

WORSHIP• Results in TYRANNY• Based on EVOLUTION

Our Gov. Power as Established:• God• The People• The State• The Federal Government with its sections: 1.

Supreme Court, 2. Executive, 3. The House, 4. The Senate……..AND

• 5. THE JURY to keep a final check on all the others

AND FINALLY

• Note that in the Bill of Rights 3 of the 10 deal with the Jury.• Amendment V• Amendment VI• Amendment VII