For some time now, and particularly since November 6th, I have been speculating as to what can be done to effectively counter the unrelenting Progressive onslaught on our liberties and sovereignty.
Sincerely believing that Progressives must, at long last, be boldly and constitutionally challenged and outmaneuvered, and thinking outside the proverbial box, I think I've come up with a plan worth pursuing. But, like any political action plan worth its salt, so much depends upon the honor, political courage and integrity of our key political players. (Sadly, that requirement could be this plan's Achilles' heel.)
To counter the Progressive tyranny, many States are finally getting a spine and asserting their sovereignty by actually nullifying federal edicts, laws, directives and, some day soon I hope, judicial activist rulings as well. And if rule of law is our goal, then nullification remains an indispensable tool in that effort.
From a historical standpoint, the sheer volume of nullification activities over the last four years exceeds anything this country has seen since before the War of Northern Agression in 1861, misleadingly dubbed the "civil war". A very hopeful trend, indeed, and a trend we should all endorse and encourage. For as Thomas Jefferson asserted, nullification is "the rightful remedy" to federal encroachment. (Note: with the fearless and dedicated efforts of the 10th Amendment Center, I suspect that acts of nullification/interposition will be on the upswing in the years ahead. And thank God for that!)
Of course, there's impeachment to stop the madness. However, impeachment's a fine idea ONLY if we can be assured of conviction and removal as well. Otherwise the political tumult occasioning an impeachment process will, for the most part, be of little consequence. And with the Senate firmly in the hands of the  Progressives, I suspect only blatant, incontrovertible acts of outright treason or murder by our putative Chief Executive would convince enough Senators to actually convict and remove. (In truth, however, since the ruthless Progressives have become so brazenly unprincipled, I'm not even sure murder or treason would do the trick these days.) Thus, impeachment alone cannot be relied upon to effectively remedy federal lawlessness.
So, here's what I propose. It's a simple, doable and powerful antidote to dangerous federal excesses. More importantly, this plan, if faithfully implemented, will eliminate the need for outright rebellion or secession, unsettling prospects which, in the absence of effective grassroots resistance and political courage at the top, have become very, very  real possibilities.
1. Call for Nullification: Bearing in mind that We the People and our immediate fiduciary agents, the States, creators of this union, are the ultimate arbiters of what is and what is not constitutional, when the White House or any department of the  Executive Branch issues an unconstitutional order or directive, or if the Supreme Court issues a ruling which is clearly unconstitutional, and the offending entity refuses to rescind that order, directive or ruling, the Speaker of the House and the Senate Minority Leader must urgently and publically appeal to the several States to nullify those encroachments straightaway. In effect, they must boldly circumvent federal perpetrators of lawlessness and exhort the States and the people to disobey and to apppropriately resist.
If the States refuse to honor and act upon those unlawful orders/rulings/directives, for all practical purposes the federal actions are of no force and the feds will have no choice but to back off in those jurisdictions where nullification has been invoked. Such resistance will also help restore the balance of power between the States and the federal government as envisioned by the Founders and enshrined in the Constitution. Further, this would place us back on the road to constitutional order and dramatically restore public trust in our representatives.
During these appeals, the Speaker and the Minority Ldr must studiously and clearly explain why such  resistance is necessary and constitutionally justified, explicating in vivid and  understandable detail the natural rights of man, the  principles of State sovereignty and the separation/balance of powers doctrine enshrined in our Constitution. And, of course, a concise explanation of the 10th Amendment would be in order.
*And if these key legislative leaders choose not to take such dramatic action, which I suspect might well be the case, then State Senators/Representatives should promptly and unhesitatingly assume this patriotic responsibility for their respective States. Seantors and Congressional members also have bully pulpits. They just need to be used.
2. Appeal to Sheriffs: In the same televised address to the country, and as appropriate to the nature of the federal excess, both the Speaker and the Minority Ldr, or State Senators/Representatives as may be the case, should directly exhort all Sheriffs to uphold their oath of office by refusing to comply with any and all unlawful federal orders within their jurisdiction from wherever those excesses might originate. On the otherhand, the Speaker and Minority Ldr may opt to appeal to State leaders to themselves exhort the sheriffs within their jurisdiction.
3. Impeachment & Withholding of Funds: In parallel, the House should immediately draw up articles of impeachment against the offending federal entity, but also withhold funding to the offending office--not merely a threat to impeach, but fullblown impeachment and removal of responsible parties. This should also include heretofore untouchable, unaccountable Supreme Court justices.
4. Concurrently, take the perpetrators--whomever they may be--to court.
This entirely lawful, assertive and principled 4-pronged approach to remedying Progressive overreach and restoring constitutional order would be both transformative and remedial. It would work. The Progressive contagion will have been stopped cold, and the authority of the People's House, that being the House of Representatives, will have been restored.
In the meantime, patriotic organizations around the country should continue to unite, monitor both federal and State excesses, and, in a solidly united manner, appropriately initiate and support resistance efforts wherever federal or State excesses occur.
For whatever good it does, I shared this proposal with the offices of both the Speaker and the Senate Minority Leader. I also copied in Sen. Lee of Utah and Sen. Rand Paul of Kentucky. How much political courage and boldness in defense of liberty they possess remains to be seen.
As Ben Franklin warned in 1787, we have a Republic, if we can keep it. And on Nov. 6th the Republic took it on the chin big time. As Karl Marx noted, "Democracy is the road to Socialism", and Nov. 6th certainly proved his point.
Only political courage and  lawful, boldly fresh, credible and assertive patriotic activism at all levels can avert political and economic disaster and, yes, rebellion. The alternative is, of course, submission, accommodation and appeasement. Which course will we choose?
At long last, ACTION and PATRIOTISM must be more than words.

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Comment by Sande Phillippi on January 15, 2013 at 7:25pm

Well thought out Mr. Delaney. In light of what is happening tonight (1-15-13) with NY ban on weapons and tomorrow 'executive orders' overriding congress, we must all IMMEDIATELY explore this.  I have a website address at the tenthers amendment center , for a toolkit (.pdf) file addressing nullification for the new health care being jammed down our throats, but we can use this for guns also to get us ready for action.  If you can offer us anything more on how to proceed, please do.  I'm trying to learn as much as possible quickly.  Thanks.



Political Cartoons by AF Branco

Political Cartoons by Tom StiglichPolitical Cartoons by AF Branco


Fact Check:   'Joe Biden Claims ‘We Didn’t Lock People Up In Cages’

CLAIM: Former Vice President Joe Biden claimed, on immigration: “We didn’t lock people up in cages.”

VERDICT: FALSE. The “cages” were built by the Obama-Biden administration.

Univision moderator Jorge Ramos asked Biden at the third Democrat debate at Texas Southern University in Houston, Texas, why Latinos should trust him after the Obama administration continued deporting “undocumented immigrants.”

Biden claimed that the Obama administration’s policies were more humane than those of President Donald Trump: “We didn’t lock people up in cages,” he said.

In fact, the “cages” were built by the Obama administration to deal with a surge of unaccompanied minors who crossed the border illegally in 2014.

Originally, the Obama administration was “warehousing” children — literally — in overwhelmed Border Patrol facilities. Breitbart News broke the story of the surge, which was partly triggered by Obama’s policy of allowing illegal alien children who entered the country as minors to stay in the country (Deferred Action for Childhood Arrivals, or DACA).

Above image credit: AP Photo/Ross D. Franklin, Pool, File

The above photo was published by the Associated Press in June 2014, and the photo below is of Obama’s Secretary of Homeland Security, Jeh Johnson, touring a Border Patrol facility with “cages.”

Above: Border Patrol officers escort Homeland Security Secretary Jeh Johnson and Gov. Jan Brewer through the department’s Nogales processing facility for immigrant children. (Photo courtesy Barry Bahler/Department of Homeland Security)

The “cages” are chain-link enclosures in Border Patrol processing facilities that are meant to protect children from adults in custody. They are not permanent accommodations.

In mid-2018, as the Trump administration began enforcing a “zero tolerance” policy that stopped the “catch-and-release” policy of letting illegal aliens go after they were arrested. Detaining adults and children meant that children had to be processed separately; the enclosures prevented adults from harming children.

As Breitbart News reported at the time, children were not housed in “cages.” They were processed and then taken to shelters, where they were given medical care, toiletries, education, recreation, and counseling, and where staff attempted to find relatives or sponsors to whom they could be released.

Democrats began tweeting images of “kids in cages” to condemn the Trump administration. Journalists, too, shared those images.

One problem: they were taken during the Obama administration.

Public outrage at the images led President Trump to end the policy, and require families to be detained together.

Democrats keep repeating the mistake, however: in July, they had to delete a tweet that used an image from the Obama era and cited the “inhumane treatment” of children by the Trump administration.

Republicans argue that not detaining illegal aliens is actually the cruel policy, because it encourages migrants to undertake a dangerous journey, often guided by cartels and smugglers.

As Breitbart News’ Alana Mastrangelo noted recently:

But what’s worse than “cages,” however, are reports of migrant children also being handed over to human traffickers during the Obama administration — while Biden was vice president — according to the New York Times. Between October 2013 and July 2015 alone, nearly 80,000 unaccompanied children from Central American countries were detained by U.S. authorities.

It remains unclear how many of the tens of thousands of children were handed over to human traffickers — including sex traffickers — during that span of nearly two years, as those cases are reportedly not tracked.

“Others were ransomed by the very smugglers to whom their families paid thousands of dollars to sneak them into the United States,” reported the New York Times in 2015, during Obama’s presidency and Biden’s vice presidency. “Some lost limbs during the journey or found themselves sold into sexual slavery.”

Biden told voters in South Carolina last month that he would close all border detention facilities, guaranteeing that the migrant flow would continue.

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