The federal government — including the legislative, executive, and judicial branches — has for decades implemented and enforced unconstitutional and increasingly-socialist policies. These policies and programs have significantly increased the size of government, and are pulling our Republic away from the U.S. Constitution and its founding principles as enshrined in the Declaration of Independence.

However, the situation is not hopeless; state (and local) governments can — and must — enforce the Constitution by nullifying these lawless federal actions.

Nullification is firmly grounded in the text of the U.S. Constitution, specifically Article VI. It states, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land.” (Emphasis added.) This clearly implies that laws not in accordance with the Constitution are null and void.

Additionally, the Constitution delegates only specific, enumerated powers to the federal government. The states, by contrast, retain the vast majority of powers, something James Madison affirms in The Federalist, No. 45. This is further cemented by the 10th Amendment, which makes clear that all powers not granted by the Constitution to the federal government are reserved to the states and to the people.

Accordingly, any federal action that violates or contradicts the Constitution cannot be “made in Pursuance thereof” and, thus, is not “the supreme Law of the Land” — and state officials are duty-bound to follow their oath “to support this Constitution” by nullifying those lawless actions.

In addition to being constitutionally sound, nullification is “the rightful remedy,” as Thomas Jefferson put it, for countering federal-government overreach. It has been successfully used multiple times throughout U.S. history — and still today — to push back against federal overreach. As The John Birch Society has noted, more than 80 percent of the federal government is unconstitutional. Additionally, nullification would have an immediate effect and is not dependent upon approval by the federal judiciary. Thus, unlike false “solutions” such as an Article V convention, nullification can immediately and effectively counter federal overreach.

Nullification-related legislation that state legislators can introduce and enact include:

Nullification is not limited to the above topics. State legislatures can, and should, enact legislation to counter any federal government policy that violates the Constitution.

Also, nullification is not an action that only states can take. Local governments have also successfully enforced the Constitution by nullifying unconstitutional edicts, including state and federal gun-control efforts, along with Covid-19 restrictions (here, here, and here).

When opposing unconstitutional usurpations, state and local officials must be bold and courageous. Any state or locality acting to enforce the Constitution and prevent the implementation of unconstitutional edicts will likely face significant opposition from the federal government, judiciary, media, Big Business, and others. Following one’s oath to uphold the Constitution will not come without a fight. However, if our leaders are bold and courageous, they can immediately and effectively enforce the Constitution and push back against unconstitutional usurpations. Furthermore, an informed electorate will support nullification efforts.

Regardless of what state one lives in, citizens should contact their state legislators and urge them to enforce the U.S. Constitution by enacting the legislation listed above. Restoring constitutional government starts with patriots educating the broader electorate and taking action to influence their elected officials.

To urge your state legislators to enforce the Constitution by nullifying unconstitutional federal laws and edicts, visit The John Birch Society’s legislative alert here. Additionally, you can find legislative alerts supporting specific nullification bills in state legislatures here.