Nullification ~ “the rightful remedy” for federal acts outside the constitution

In 1798, Thomas Jefferson wrote that nullification was “the rightful remedy” for federal acts outside the constitution.

https//, by -Michael Boldin, 06/04/2019 –


But what did that mean? And how do you nullify?

When Jefferson told us that “every state has a natural right” to nullify federal acts outside the constitution, he didn’t say how to do it.

In fact, even though a few decades later, some of his most prominent supporters claimed to base their own nullification process on his advice, he never in his life actually gave us step-by-step nullification instructions.

So is Jeffersonian nullification just an abstract philosophical concept? Did he leave us totally in the dark?

Well, he did leave a pretty serious clue about how to nullify in his draft of the Kentucky Resolutions of 1798. In response to the hated Alien and Sedition Acts, he called on each state to:

take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories.

In short, Jefferson advised a whatever-it-takes approach with nullification. Part of that approach involved smart strategy.

In a letter to James Madison, he advised against just pushing the issue to “extremities.” Instead, he suggested they “push as far as events will render prudent.”

Think of it this way.

If your neighbor blocks your driveway with his car, you’re probably not going to walk over to his place and punch him in the mouth as your first response.  Trust me, you shouldn’t even if you want to.

In life, situations have to be addressed individually, and the response must be appropriate to be successful. Taking things too far might put you in a place where you’ll never be able to get the job done. Sometimes you have to be tough and strong, and other times you have to be smart and savvy.

That’s exactly what Thomas Jefferson advised for nullification.

While supporting nullification as “the rightful remedy,” Thomas Jefferson told us the goal is to prevent federal enforcement, but that each issue must be addressed in a manner that’s effective for the situation.

For us, strategy to actually move towards the Constitution and liberty is extremely important. And we believe the best place to learn it is from the Founders themselves.

I covered Jefferson’s advice in more detail on Monday’s episode of Good Morning Liberty. We have a podcast and video version at this link.**

And before you go, please don’t forget to check out the Tenth Amendment Center membership program. For as little as 2 bucks a month, you can help us continue our work – taking a stand for the Constitution and liberty no matter what team is in charge in Washington D.C.



THANK YOU for reading, listening, watching – and your support!

Concordia res parvae crescunt
(small things grow great by concord)

-Michael Boldin, TAC


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