2017: The Year Nullification Goes Mainstream?

TOPICS:ConstitutionJoshua NuckolsNullification

August 10, 2016

By Joshua Nuckols
It’s hard to imagine a future with Hillary Clinton or Donald Trump at the helm as an era of liberty. But this election could end up being the best thing for freedom in a long time.
In fact, I believe 2017 will be the year nullification goes mainstream.
There will be no reason for any freedom loving citizen to sit back and say, “just work within the system.” The system has given three bad options for president. And liberty loses with each one. As a result, localism will be in vogue – not necessarily out of preference, but necessity. Constitutional law and government has its back against the wall.

Trump has shown no respect for the Constitution or its limits on his power. Hillary acts like she is above the law, and in fact, is treated as if she is above the law. With changes coming to the Supreme Court, the future of the Second Amendment, religious liberty, and abortion laws, will be significantly affected, and will establish the future of constitutional law for generations.

The next four years will define the nullification debate. The states must bear the blows and provide the security and armor against freedom’s foes. If not, no one will.
A project asserting robust states’ rights needs to be the next step. Civil Liberties advocates, and freedom fighters need to stop thinking of themselves as the outsiders. Be OK with being popular. The so-called fringe needs to embrace this chance to take center stage. This means opening up to conservatives, pro-lifers, Cruz supporters, National Review Republicans, Bernie supporters and any other refugees of the political process.
The same people who decried state-level resistance as destructive of the rule of law, will be clamoring to get in the ark. Open the door and let them in.
If you don’t take them – who will? Hold no grudge.
Since nullification is primarily a legal doctrine, policy differences don’t matter. You can duke it out on the floor of your state legislature.
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Joshua Nuckols is a 3L at the University of St. Thomas School of Law, and am currently interning at the Rutherford Institute. When not studying law, exploring Northern Minnesota, or reading Beowulf, I do what I can to fight tyranny and live a free life. He writes for the Tenth Amendment Center, where this article first appeared.