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Horowitz: Red states must nullify Biden’s nullification of the Constitution

“That in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.” ~Virginia Resolution, 1798, against the Sedition Act

What happens when the federal government and some state governments turn against every provision of the Constitution, Bill of Rights, and Declaration of Independence? James Madison foresaw such a day, which is why he designed a multilayered republic with numerous states and counties all under a federal union. Tyranny and lawlessness can persist in some places, but under his design, it shouldn’t persist fully in every part of the country. When the federal government chooses to nullify the Constitution, it’s time for the remaining lawful states to nullify the nullification.

As we watch the Biden administration, with the help of the media and blue state governors, impose COVID fascism, criminalize free speech and assembly, and misuse and abuse our military for what appears to be a fascist junta in D.C. — all the while rolling out the welcome mat for foreign invaders at our border and Antifa rioters in our streets — we should all be asking what red states and counties can be doing to push back.

No president has ever come close to the number of illegal executive actions the Biden regime has taken in less than two weeks. These unprecedented actions deserve an equally intrepid and determined reaction from the 31 GOP legislatures. The following are a mix of actions conservatives should push for in any unit of government controlled by those who can be pressured into adopting a constitutional sanctuary.

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  • Block Biden’s mask mandate: Conservatives should push an immediate end to all state mask mandates in the 31 states where Republicans control the legislature. Next, in the states with Republican governors and attorneys general, they should take a chapter out of New York’s playbook by criminalizing the enforcement of Biden’s mask mandate on public transportation. Biden’s order makes it a federal crime to breathe freely even in a ride-share that doesn’t go across state lines. This is unconstitutional on so many levels. It’s time to criminalize the enforcement of this in the states. New York criminalized the enforcement of immigration law, which is emphatically the job of the federal government. There’s no reason why such action can’t be taken by the states when the federal government violates the civil rights of American citizens.
  • End all emergency orders: Every state with a GOP legislature should immediately terminate all emergency orders and pass restrictions on the ability of governors to abuse emergency powers in the future.
  • Call back the National Guard: The deployment of our National Guard to Washington was a disgrace from day one and was done under false pretenses. The fact that Biden is keeping them there indefinitely is indefensible. It is shocking that only eight Republican governors have called back their National Guardsmen, despite them being abused. Pressure needs to be brought to bear on the remainder of those governors to follow suit.
  • No men in female bathrooms or sports: State governors and attorneys general need to criminalize the entry of men into female private spaces and women’s sports so that Biden’s unconstitutional order cannot take root in the majority of states.
  • Fight discrimination against Trump supporters: The federal government has now harnessed the full force of law enforcement and the national intelligence apparatus against Trump supporters. States must commit to blocking federal law enforcement from arresting people merely for assembling or expressing their opinions. They should also file 14th Amendment lawsuits against federal agencies that clearly single out Trump supporters for questioning and investigations.

The Biden regime and Nancy Pelosi have stopped construction of the border wall designed to protect the American people and have instead constructed a wall around the Capitol to keep the people away from the politicians. If they want to cut off the Capitol from the rest of the country with a fence, that is fine. It’s time for states to reciprocate by cutting Washington off from their lives and interposing between the people and federal tyranny.

There can be no denying that our government has lost all legitimacy as it declines to even pretend to follow the Constitution. When the federal government violated the Constitution with just one law in 1798 – the Sedition Act – Thomas Jefferson and James Madison went to the Kentucky and Virginia legislatures to interpose against the act. Madison explained the rationale for the Virginia resolution as follows:

The states, then, being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity that there can be no tribunal, above their authority, to decide, in the last resort, whether the compact made by them be violated; and consequently, that, as the parties to it, they must decide, in the last resort, such questions as may be of sufficient magnitude to require their interposition.

Even Hamilton, a strong proponent of a strong federal government, wrote in Federalist 26 that the state legislatures will lead the charge against federal tyranny:

The State legislatures, who will always be not only vigilant but suspicious and jealous guardians of the rights of the citizens against encroachments from the federal government, will constantly have their attention awake to the conduct of the national rulers, and will be ready enough, if any thing improper appears, to sound the alarm to the people, and not only to be the VOICE, but, if necessary, the ARM of their discontent.

This begins by states and counties passing Constitutional Sanctuary resolutions, committing to not only ignoring constitutionally flawed edicts but criminalizing their enforcement. As Daniel Webster said in protesting the federal military conscription in the War of 1812:

The operation of measures thus unconstitutional and illegal ought to be prevented by a resort to other measures which are both constitutional and legal. It will be the solemn duty of the State governments to protect their own authority over their own militia, and to interpose between their citizens and arbitrary power. These are among the objects for which the State governments exist; and their highest obligations bind them to the preservation of their own rights and the liberties of their people.

A military draft was actually something quite sensible to most of our Founders, yet Webster still called for interposition against it. What do you think he would have said if a new fourth branch of government called “the CDC” came and criminalized the breathing of a human being without a cloth? Would he or our Founders have remained silent?

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