Thursday, January 21, 2016

Op-Ed: A Call To Nullify

by Joe Newhouse -
  Knowing that his time is short, we are now seeing President Obama’s full rage and wrath towards the Constitution as he issues broad sweeping executive orders that take direct aim at undermining the Rule of Law.

  In 2014, Republicans vowed to the American people that if they were given control of both houses of Congress, they would stop Obamacare and defeat the president’s unconstitutional executive orders concerning immigration.  We all witnessed in utter frustration when the majority of Republicans – including every single member of our Oklahoma congressional delegation NOT NAMED JIM BRIDENSTINE – do an amazing impression of French military leadership by promptly surrendering to the nation’s adversary, and vote to fully implement the Obama Agenda.

  It should now be no surprise that the president is furthering federal overreach by issuing a broad sweeping (and unconstitutional) executive order that takes direct aim at the Second Amendment.  Knowing that their federal representation is not interested in protecting the people back home from the political elite, state governments are now implementing laws that seek to nullify, not only the president’s executive orders, but also federal statutes that run contrary to their state’s interests.

  From the start of our republic, the nullification issue has always been present due to the principles of federalism.  Our great nation survived and endured a horrific civil war that was brought about due to the specific question of nullification.  Even before the Civil War, the United States stood at the precipice of dissolution numerous times concerning nullification due to the actions of the federal government.

  The actions on nullifying federal orders and statutes need to be done ever-so delicately. Most Americans are under the false impression that the Supremacy Clause in the Constitution mandates that state laws are always inferior and subordinate to federal rules, regulations, and orders.  They fail to understand that the Supremacy Clause only gives the federal government the senior position if the law pertains to an area of governance not subject to the sole domain of state governments.  For example, the Constitution is wholly silent on education, healthcare, retirement, and even crime.  Areas such as these are the domain of the state governments, and no federal authority has the right to impose anything upon the states in these areas… well, at least according to those guys who wrote the US Constitution (President James Madison, Sec. of State Alexander Hamilton, and Chief Justice John Jay, as explained in The Federalists).

Officer Joe Newhouse
  Broken Arrow native Joe Newhouse graduated from Georgetown University’s School of Foreign Service and became a Navy jet pilot, flying combat in the Iraq War. He currently runs his own company and works part time in the Navy Reserve as an advisor to NATO. He has tested fluent in 2 foreign languages and recently earned additional designations in the Navy as an International Affairs Officer and Joint Strategic Plans & Policy Officer. He has been selected to promote to Commander in March 2016. Joe Newhouse’s views are strictly his own and do not constitute endorsement by the Department of the Navy or the North Atlantic Treaty Organization.
  He is a Republican candidate for OK State Senate (Dist 25).
I fully support the wave of state governments that have passed nullification laws regarding implementing the president’s orders.
Thus, in those areas that are typically the jurisdiction of the states under the tenets of federalism, the state legislatures should pass and fully execute laws of nullification when the feds intrude.  In the areas of shared responsibility and out-right federal exclusivity, the state governments need to be diligent in their submission to the Constitution.  If either side does the opposite, it will only further erode the Rule of Law which has suffered greatly under the Obama Regime.

  Now, concerning the most recent unconstitutional executive order from the Obama Regime that takes dead aim at the Second Amendment, I fully support the wave of state governments that have passed nullification laws regarding implementing the president’s orders.  The Second Amendment specifically prohibits the federal government from establishing any sort of law that creates an obstacle to the People in their right and ability to protect themselves from any power, either foreign or domestic.  Further, under the power of the 14th Amendment, we can also apply this same interpretation to the states.  Since President Obama’s order is not within the purview of federal authority under the principles of federalism (let alone legal under constitution procedure), all states should pass laws requiring any official under state authority to refuse to implement such orders.

  The state governments know full well that the current GOP leadership will not shield them from Obama’s War on the Constitution.  Thus, it is their responsibility to protect their citizens and state sovereignty through the legitimate use of nullification.  President Obama has made his decision, but he needs the assistance of state government to help him enforce it. He’s throwing the mother of all anti-Constitution parties.  Unlike the GOP leadership, the state governments need to emphatically reject the president’s invitation.

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