Statehouses are the key to restoring constitutional government

It’s true that a change in federal administration will prompt a disgruntled few to dream of revolutionary immortality. Equally true, opponents will use any questionable statement or action to paint the “revolutionaries” as violent, half-witted zealots. Welcome to America.

There’s no shortage of such right-wing resentment toward government, most of it justified. Also in large supply are opinionated leftists armed with word processors, a penchant for misinformation and a desire to mischaracterize any opinion with which they disagree.

Last year the decidedly left-wing blog Crooks and Liars reported a “million man militia” march on Washington. Typically, the writer belittled the event as a gathering of paranoid right-wing lunatics determined to shoot something.

If this march occurred it must have went off without a hitch. In fact, reality has spoken and the pro-freedom rallies that have taken place have been entirely peaceful, contrary to the leftist’s dire warnings. No one has invaded the Capital or tarred and feathered a congressman, as much as they may deserve it.

So the question isn’t whether America’s revolutionary spark should be revived but in what manner. We are a people born of rebellion and nurtured on revolution. In the Declaration of Independence Thomas Jefferson wrote that the people have the right to abolish any government that’s hostile to basic liberty. Several states are taking Jefferson’s words to heart, including a group of Oklahoma legislators who are mulling the creation of a state militia to resist federal encroachments on their sovereignty.

The usefulness of such militias is debatable, and will surely draw howls of protest from the left. But the idea of using state legislatures to counter the federal government’s fiscal irresponsibility and blatant disregard for constitutional limitations is workable.

The Founders themselves would be pleased, as evidenced in the language of the Ninth and Tenth Amendments. The Ninth recognizes federal authority but explicitly denies overt power to the central government in all areas not specifically delegated. The Tenth declares that all powers not expressly granted to the United States, or prohibited to the states, remain with the states and the people.

Our forefathers obviously intended a federal government that served the states and the people, not one that ruled over both. For the states to “delegate” any powers to the central government, via the constitution, they must retain all powers not granted to the United States.

States have previously exercised this option. Jefferson’s Kentucky Resolutions (1798) decried what was viewed as the central government’s unconstitutional assumption of power. Jefferson noted that any federal adventure into areas not authorized was an assault on state sovereignty. Therefore, the states had every right to declare those extensions “void and of no force.”
For example, commenting on the over-extension of federal authority, Mr. Jefferson wrote in the Eight Resolution:

Where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy . . . every State has a natural right . . . to nullify of their own authority all assumptions of power by others within their limits.

This is the outlet for our revolutionary fervor. No less than our third president endorsed state nullification of federal excursions into unauthorized areas. The left’s portrayal of limited government activists as lunatics is nullified as well and talk of armed revolt is at best premature.

Flippant references to armed resistance momentarily soothe the soul. However, it also fuels the left-wing cranks and propagandists--like Crooks and Liars--who love to paint limited government proponents as violent nutcases. We owe it to the Founders and their experiment in self government to exhaust all prudent options before considering drastic and uncertain steps.

The return of constitutional government begins in the Statehouses. State legislatures can draft resolutions rendering unconstitutional federal intrusions upon personal liberty and state sovereignty “void, and of no force.” States can refuse to enforce unconstitutional measures within their borders.

Nullification is a worthwhile, peaceful alternative to revolutionary rhetoric. Let’s see what it produces before storming Congress with torches and pitchforks.