December 29, 2009 · The Tenth Amendment of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment restates the Constitution’s principle of federalism.

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Nullification is a right guaranteed to the states through the Constitution. Originally written by Thomas Jefferson in 1798, nullification is the process by which a state can void a federal law within its own borders. Simply put, if the federal government passes laws that it does not have the authority to pass then the states have a right to void them.

Jefferson worried that there was no protection for the states if the federal government overstepped its constitutional authority. Jefferson believed that because the states formed the federal government and ratified the Constitution, they had the power to decide if laws passed by the federal government were constitutional.

The only powers given to the federal government are found in Article I Section 8 of the Constitution; all other powers belong to the states. Jefferson believed that the states had the right to refuse to comply with laws issued from Washington if they were unfair to their respective citizens.

If the federal government passes a law that is unconstitutional, then a state legislature writes a resolution telling the federal government that the law does not exist in that state, passes it, then sends it to be signed by the governor. This is well within the states’ duties and rights.

Currently, as many as twenty-five states are considering nullification tactics against a wide variety of proposed federal laws such as the Real ID Act, gun control and health care reform. This is the answer for turning back the unwanted final health care bill that is coming soon.

So here is how to DEMAND nullification:

Here is a sample letter, which I found on notintexas.org, which I have modified:

To  Representative:

You are my representative in the (Your State) government and I am asking you to represent me in the current federal government attack on my personal liberties. I am asking you to stand up for freedom and express to the United States government that when it oversteps its constitutional authority, (Your State) will not fall victim to its tyranny. The growth of the federal government and the slow method by which it has been eradicating our freedoms are spinning out of control.

As a citizen of (Your State), I want you to know that I am afraid of the steps the federal government is taking to compromise my freedom. I am also worried about the steps the federal government is taking to bypass the Constitution that was designed to protect me. I am signing this petition to ask you to protect me from the federal government. Sign a resolution of nullification for all legislation passed by the United States government starting as soon as the resolution is signed. Write a resolution that states that any bill passed will not become law in (Your State) without the (Your State) government passing the law. The resolution must also say that the (Your State) government is not to change any meetings and must adhere to the State constitution’s meeting schedule. Under the powers of the Tenth Amendment, (Your State) reserves the right to accept and reject all federal legislation.

I am asking that if necessary a Special Session be called by Governor (Your Governor). I am asking you as my representative to request that one be called. I am also asking you to have the resolution ready to be entered into both legislative houses with the same language in order to smooth out this process as quickly as possible. This is necessary to ensure both my freedoms and yours, so act with haste.

Sincerely,

Your Name


I do not know if every state constitution has provisions for nullification but many do. We need to use this constitutional right to protect our freedom and liberty. Educate yourself on the protections that your state provides and take whatever action is needed to fight back against unconstitutional actions by the federal government. This is a call for a peaceful and legal response to unfair actions by the federal government.