Tag Archives: constitution

Why are American citizens financially responsible to defend Syrians?

TAMPA, September 1, 2013 — One day after President Obama indicated he would seek a vote from Congress on whether to launch missile strikes against Syria, media outlets have already begun reporting on the debate from a number of perspectives. As usual, one perspective is completely ignored: that of the American taxpayer.

The Constitution grants Congress the power to tax U.S. citizens to provide for the common defense of U.S. citizens, not every soul on the planet. The only exception is for citizens in countries with whom the United States has signed a mutual defense treaty. In those situations, it is assumed that American taxpayers get a reasonably equal benefit back in defense provided to them.

The founders still told us to avoid those alliances whenever possible.

Regardless, the United States has no treaty with Syria. If it did, it would be with the Assad government, not with rebels attempting to overthrow it. Syria has not attacked the United States nor issued a declaration of war against them. There isn’t even a U.N. Security Council resolution for force against Syria, which strict constitutionalists don’t recognize as legitimate anyway.

President Obama is arguing for the United States to intervene militarily solely for “humanitarian” reasons. That begs the question:

How did American taxpayers become financially responsible for protecting Syrian rebels and civilians?

Every other U.S. president has recognized that Americans can only be taxed to pay for their own defense or the defense of allies by treaty. The arguments haven’t always been bulletproof, but at least they have acknowledged this principle.

President George W. Bush made his case for the Iraq War based upon Saddam Hussein’s supposed “weapons of mass destruction.” At one point, the administration went so far as to say that Hussein could strike the United States “within 45 minutes.”

Why did the administration go to such lengths to exaggerate Iraq’s capabilities? Because it recognized that only an imminent threat to American citizens would justify a war against Iraq.

“Operation Deliberate Force” in Serbia was recognized as a NATO operation, meaning the United States participated due to a supposed treaty obligation. President Clinton’s attempts to conduct military operations in Africa and Haiti for humanitarian reasons were met with public and congressional opposition. Both interventions were aborted prior to prolonged involvement.

In Korea and Viet Nam, Americans were told war was necessary to prevent “the domino effect,” where one Asian nation after another would fall to communism, which then would spread to the rest of the world. The theory was proven wrong when North Viet Nam took over South Viet Nam and communism still failed. Still, the stated reason for war was to protect Americans from communist aggression.

President Obama has broken new ground. He has argued that not only does the U.S. government have the authority to tax Americans to defend every human being on the planet, but that the president can order military intervention for that reason on his authority alone.

Unfortunately, this has led many to believe that his decision to wait until Congress debates the intervention is some sort of victory for constitutional government.

It’s not. Nowhere in the Constitution is it stated or implied that American taxpayers are financially responsible for the common defense of the whole world.

Military operations are not funded by donations. Taxpayers are compelled to pay them by force. That’s why the Constitution sets limits to what Americans can be taxed for: “to pay the Debts and provide for the common Defence and general Welfare of the United States.”

As widely as that clause has been interpreted, no one could possibly interpret it to mean defense of Syrian civilians under present circumstances, nor for the citizens of non-treaty partners in any other country.

If the constitution imposes no such financial obligation on American taxpayers, then what does? When and how did American taxpayers consent to it? By what authority is it enforced? When and how will this financial obligation end?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Obama says Edward Snowden isn’t a patriot

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Tampa August 10, 2013 – Yesterday, President Obama spoke to reporters about his plans to address the growing public outcry over domestic spying programs run by the NSA and other U.S. intelligence agencies. During the press conference, Obama said that he didn’t consider Edward Snowden a patriot. Instead, those doing the spying are the patriots, along with those who have “lawfully raised their voices” to defend civil liberties.

Edward Snowden may have broken the law, but “the law is often but the tyrants will,” as Thomas Jefferson famously said.

Never has that been truer than now, when the law protects lawbreakers and forces defenders of our most sacred principles to seek political asylum in other countries. That anyone would seek asylum from the United States government at all, much less in Russia, would have been the stuff of wild fantasy just a few decades ago. Now, the torture of prisoners, arrest and detention without warrant and even execution without a trial are regarded as commonplace.

President Obama is on the wrong side of history.

Edward Snowden will be remembered as a patriot.

President Obama will be remembered as the first U.S. president to kill an American citizen without a trial. History has a word for that, too.

It isn’t patriot.

This has all happened before. Read my op-ed in The Washington Times on the first Edward Snowden in U.S. history…

Libertarians to Chris Christie: Is life so dear, or peace so sweet?

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TAMPA, July 27, 2013 – Rep. Justin Amash (R-Mich.) introduced an amendment to the Defense Appropriations Bill that would have defunded the NSA’s blanket collection of metadata and limited the government’s collection of records to those “relevant to a national security investigation.”

It terrified New Jersey Governor Chris Christie, who lashed out at those who supported the bill and libertarianism in general.

“As a former prosecutor who was appointed by President George W. Bush on Sept. 10, 2001, I just want us to be really cautious, because this strain of libertarianism that’s going through both parties right now and making big headlines, I think, is a very dangerous thought,” Christie said.

Yes, it is dangerous, but to what? It is dangerous to the bloated national security state, which tramples the liberty and dignity of every American under the pretense of protecting them from what Charles Kenny recently called the “vastly exaggerated” threat of terrorism.

Chris Christie shamelessly invoked the image of “widows and orphans” of 9/11 in an attempt to discredit any resistance to the federal government’s complete disregard for the Bill of Rights. He then echoed former NYC Mayor Rudy Guiliani in claiming some imagined authority on the matter because he is the governor of the state “that lost the second-most people on 9/11.”

Newsflash to Governor Christie: You have no more moral authority on this subject than the U.S. Congress had legislative authority to pass the Patriot Act.

Christie doesn’t understand that the power that legislators may exercise is limited to what was delegated to them in the Constitution. He seems to believe that power changes depending upon how he “feels.”

“I think what we as a country have to decide is: Do we have amnesia? Because I don’t,” he said. “And I remember what we felt like on Sept. 12, 2001.”

Ignoring the cheap tactic of trying to paint libertarians as “unfeeling” or not having sympathy for the victims of 9/11, there is a simple answer to Mr. Christie’s question.

“We as a country” decide questions like this through Article V of the U.S. Constitution. The Fourth Amendment forbids the federal government from running programs like the NSA’s. Only an amendment that revises or repeals it can change that.

Until then, the federal government does not have the power to do what it is currently doing, regardless of any terrorist attacks or how Mr. Christie feels about them.

Amash’s amendment should be unnecessary, but it is preferable at the moment to the remedy offered in the Declaration of Independence for a government that exercises power not given to it by the people.

If history provides any guidance, the people will never give this power to the federal government. Let’s not forget that none of the Soviet-style security measures establishd since 9/11 have prevented a single terrorist attack, other than those the government created itself. Flight 93 on 9/11, the shoe bomber and the underwear bomber were all foiled by private citizens, the latter two after the perpetrator walked right past the government’s garish security apparatus.

The truth is that no security measures will ever be able to make Americans 100% safe from harm. There is absolutely nothing the U.S. government could do right now to prevent Russia or China from launching a nuclear attack on the United States. What makes one unlikely is the ability for the United States to retaliate and the lack of any good reason for either country to do so. The United States doesn’t routinely commit acts of war against Russia or China.

Perhaps that strategy might also be effective in preventing terrorism.

Regardless, the government can’t stop the next terrorist attack any more than it has stopped any previously. What it can do is continue to erode American liberty. This country is already unrecognizable as the same one that ratified the Bill of Rights. The Chris Christies and Michelle Bachmanns (she’s “one of them”) of this world are too busy cowering in fear to be concerned with “esoteric” subjects like the liberty and dignity of the individual.

Their opinions are not important. The people will decide whether a false sense of security is worth their liberty or not.

The first shot in this war has been fired. Amash lost the opening battle, but so did the colonists at Bunker Hill.

The real question that the American people will have to answer is this:

Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Thank God the 4th of July is over

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TAMPA, July 5, 2013 – Thank goodness the 4th of July is over. For those who believe in freedom, it has become unbearable.

On July 4th, 1776, a written document codifying the resolution passed two days earlier was approved by Congress. It declared to the whole world that thirteen of Great Britain’s colonies were seceding from the union. The document stated the Lockean principles upon which the decision was based and then listed the reasons why secession was necessary.

The modern U.S. government is far worse than George III’s. Today’s Americans not only fail to object, but celebrate its depravity.

Unqualified worship of the military is the most obvious example. Throughout human history, standing armies in times of peace have been the most recognizable characteristic of tyranny.

The 21st-century U.S. government and media invites Americans to thank the military for what little freedom they have left. Despite the complete absence of any cause-effect relationship between U.S. military adventures and the smattering of freedom Americans retain, they enthusiastically comply.

And where is this freedom the government supposedly secured by invading Korea or Afghanistan?

The “irony of the flag-waving masses slouching along in airport lines toward their inevitable date with the total state so that they could celebrate their liberty and freedom” was not lost on Daniel McAdams, but likely is on most Americans. Just watch them laugh and joke with government agents who literally bark orders at them before searching them without probable cause or a warrant.

It’s not just the airport. Any clear-thinking person recognizes the various domestic police forces as an army of occupation, complete with body armor, assault weapons and tanks. Yet, most Americans believe there are not enough of these “swarms of officers to harass our people and eat their substance.” This despite the U.S. having the largest prison population in human history, twice the size of present-day China’s, China’s population being five times as large.

The Constitution assumes law enforcement officers cannot even be trusted to arrest the right person after he has committed a crime. It requires them to get written permission from a judge to do anything. That concept is completely lost on most Americans, who teach their children police officers are their friends and their orders should be obeyed, whether they have been directed by a judge to issue them or not.

The entire paradigm of police officers patrolling the streets and supposedly “preventing crime” is completely antithetical to the principles of 1776. As Anthony Gregory observes, “Although there was plenty to object to in colonial law and law in the early republic, police as we now know them didn’t exist back then.” Nevertheless, conservatives are this institution’s biggest proponents. These are the “small government” people.

The colonists complained that George III’s army was insulated “from punishment for any Murders which they should commit on the Inhabitants of these States.” William Grigg’s blog has documented thousands of examples of the very same tyranny in 21^st-century America.

The Declaration cited “transporting us beyond Seas to be tried for pretended offences” and “depriving us, in many cases, of the benefits of trial by jury.” That referred to trying American colonists in public courts in England, sometimes by a judge instead of a jury. Today, the U.S. government transports its subjects to secret prisons all over the world without even bothering to charge them with a crime.

Or, they might just decide to summarily execute you and save the time and trouble.

Modern Americans hold up as heroes the presidents who have helped build this Orwellian nightmare. They revere those who have presided over massive expansions of government power and took their country into hugely destructive and largely unnecessary wars, while dismissing those who presided over relatively free and peaceful periods as “postage stamps.”

Worse yet, they dutifully join the government’s propaganda machine in engaging in the “two minute hate” against Edward Snowden, uncritically parroting the government’s charges of treason, even though no reasonable person could believe what he did constituted “levying War against them [the United States – plural], or in adhering to their Enemies, giving them Aid and Comfort.”

Charged with the same crime George III charged Washington, Jefferson, Adams and Franklin with, for resisting substantively the same tyranny, 21^st-century Americans side with the government that spies on them, routinely lies to them, plunders their wealth, controls every aspect of their lives and kills hundreds of thousands of civilians in undeclared wars.

As Johann Wolfgang von Goethe observed, “None are more hopelessly enslaved than those who falsely believe they are free.”

This has never been truer than in 21^st-century America on the 4^th of July. Thank God it’s over.

Libertarianism, anyone?

Tom Mullen is the author of Where Do Conservatives and Liberals Come From? And What Ever Happened to Life, Liberty and the Pursuit of Happiness? Part One and A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

NSA out of control: We the people at fault

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TAMPA, June 6, 2013 – You can’t say the mainstream media went to sleep. Today, the front page of every major national news website is featuring reactions to Glenn Greenwald’s explosive report on the FISA court order that “requires Verizon on an “ongoing, daily basis” to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.”

That means that the government is collecting information on every call made on Verizon’s service, regardless of probable cause or any suspicion that the parties have committed a crime. The Fourth Amendment was written specifically to prohibit this activity by the government. But they’re doing it, unapologetically.

The question is, what will this disturbingly subservient group called “We the People’ do about it?

It’s really time to stop making excuses. This has been duly reported by the media and it’s not like the people are powerless to do anything. When Congress first attempted to pass the infamous Emergency Economic Stabilization Act of 2008 (a.k.a. the “Wall Street bailout”), angry calls from voters caused the bill to be defeated in Congress. For one, brief, shining moment, there was real fear of the people on the faces of our so-called “representatives.”

After President Bush emerged from weeks of virtual silence to deliver his “support this bailout or the world will end” speech, the tone of the calls moderated and Congress felt sufficiently comfortable to pass the bill the second time around (bluffed by George W. Bush – now that’s embarrassing).

Regardless, the episode clearly demonstrated that if even a significant minority of the population cares enough to at least make a call to their representatives, they can affect the behavior of the beast on the Potomac.

Unfortunately, they usually don’t. In fact, anyone concerned about the size, power or cost of the federal government who thinks that it is somehow acting “unconstitutionally” really needs a reality check.

True, most of what the federal government does today isn’t authorized by the powers delegated to it in the yellow piece of parchment. In theory, that means that the people never consented to the government exercising the power and therefore it is illegitimate, even illegal. But that’s not really what “constitutional” has meant for most of human history or even what it has meant in practice for most of U.S. history.

Aristotle wrote about “constitutional government” long before any written constitution was attempted. Thomas Paine began his famous treatise with “Concise Remarks on the English Constitution.” He was not referring to a written document that specifically delegated which powers the English government could exercise (Magna Carta did not do this). There was no written English constitution.

So what did these writers mean by “constitution?” They meant the general understanding of most people in those countries about what powers the government had and how they were allocated between the various branches.

That is what “constitution” and “constitutional” has meant for most of human history and it is really the only practical definition. The attempt to codify limits on the government’s power in a written document has been a complete failure. The government simply interprets the words however outlandishly necessary to do what they want and get their high priests in black robes to pronounce their scheme “constitutional.”

And it is constitutional if no one objects. That’s reality.

Using this definition, the historical growth of the $4 trillion federal monster has been completely constitutional. Not only has there been little objection by the people, but they have for the most part overwhelmingly supported each new usurpation. The Federal Reserve was passed with overwhelming public support, as was the Income Tax. FDR was elected four times, three after his technically unconstitutional “New Deal” was clearly promulgated and understood by the people.

Just watch your fellow Americans laugh and joke with TSA agents while having their persons and property searched without a warrant or probable cause, even while the government puts its hands on their children. That makes it “constitutional” in the true sense of the word, the Fourth Amendment notwithstanding.

Even the Patriot Act enjoyed popular support, for the most part. Yes, there was some noise about it from liberals, but for the most part only because a Republican Congress and president passed it. Want proof? Count the number of liberals besides Greenwald presently objecting to Obama doing the very same thing they wanted Bush impeached for. You can keep one hand in your pocket.

Those few libertarians, Old Right conservatives and civil libertarian progressives who are still concerned about freedom here in the “land of the free” have to face the reality of what we’re up against. It is not a government acting against the wishes of the people. It is the people themselves, who have traded liberty for security, whether personal or economic, at every opportunity.

As James Madison said, “Democracy is the most vile form of government.”

Libertarianism, anyone?

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Questions remain after Rand Paul’s filibuster

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TAMPA, March 10, 2013 – First, the good news. Kentucky Senator Rand Paul squared off in a 13-hour game of chicken with the White House on Wednesday. At stake was the bedrock American principle that no one will be deprived of life, liberty or property without due process of law. Early Thursday morning, the White House blinked.

“It has come to my attention that you have now asked an additional question: “Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?” The answer to that question is no. Sincerely, Eric H. Holder, Jr.”

It took “a month and a half and a root canal” to get that carefully worded answer, according to Senator Paul, and even then some obvious questions remained.

Does the president have the authority to use manned aircraft to kill an American not engaged in combat on American soil? How about a rifle? A bow and arrow?

Perhaps due to the popular support for Paul’s filibuster, White House Press Secretary Jay Carney attempted to clean up Holder’s overqualified answer.

Read the rest of the article at Liberty Pulse…

Obama has state of the delusion speech shovel ready

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TAMPA, February 12, 2013 — Pundits are already atwitter over tonight’s annual exercise in political posturing. The question many are asking is whether Obama will stay on the attack against his Republican opponents or attempt to use the speech to identify areas where he can work with them.

The real question is whether the president will make a single remark that bears any resemblance to reality.

The State of the Union address (SOU) has always been little more than a nationally televised stump speech. As all presidents believe that anything happening anywhere in the country is a direct result of their policies, none have ever wanted to paint a less than rosy picture about the supposed “state of the union.” After all, if it’s in a bad state, it must be their fault.

However, with the U.S. now in full-fledged collapse, the speeches have become so detached from reality that they should be called “state of the delusion” addresses.

The speech is interminably long, but let’s look ahead to the main areas it will cover and try to separate fantasy from reality.

The president will remind us that he inherited an economy in shambles, which is true. He will hope that listeners draw the inference that his predecessor was wholly at fault for this, but that isn’t close to true. Every president since at least Teddy Roosevelt contributed to the problem, with the largest contributions coming from Democrats.

It will really turn bizarre when Obama starts talking about “the recovery” that’s underway. We’ll be told that while we’re not out of the woods and there is still “a lot of work to do (i.e., more government meddling to accomplish),” new jobs are being created, new industries are flourishing and things are generally looking up.

In reality, the United States is in a depression, just like the one in the 1930’s, and it’s being prolonged for all of the same reasons. The official numbers say that unemployment has been hovering around 8 percent, but that’s only because they’ve changed the way unemployment is measured. If they measured it the same way that they did in the 1930’s, unemployment would be the same as it was in the 1930’s.

As an aside, there isn’t any substantive economic distinction between “recession” and “depression.” Politicians just decided to stop calling them depressions to con the public. After a while, they started believing their own bovine waste products.

Read the rest of the article at Communities@ Washington Times…

Every law is a threat of violence

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TAMPA, December 29, 2012 – The new U.S. Congress will convene on January 3rd with two high profile issues to consider. There is zero chance that they will get either one of them right. The debates on both are already framed into a lose-lose proposition for the American people, as are virtually all “debates” on Capitol Hill.

One issue is “How should the right to keep and bear arms be further infringed?” The other is “How much less of their own money should Americans be allowed to keep?”

With a more enlightened populace, there is always some chance that pressure on the legislators could produce a more positive result. However, the gullible American public has already taken the bait that “something must be done” on both issues. “Something” means Congress passing a law, which means the perceived problem will be solved with violence.

Every law is a threat of violence. Americans used to understand that. In their present condition, they are aware of little beyond football on Sunday and Dancing with the Stars during the week. Fat, progressive and stupid is no way to go through life, son.

Government itself is an institution of violence. That’s not an opinion. That’s what it is. That’s all it is. Governments are constituted for the express purpose of pooling the capacity for violence of every member of the community.

Every law promulgates human behavior that is mandated under the threat of violence. It either prohibits certain activity or requires certain activity. Failure to behave as the law proscribes results in violence against the transgressor. He is kidnapped at best, killed resisting at worst.

Putting aside the question of whether this power should ever be invested in a regional monopoly, every society must first answer the question of whether this power should be exercised by anyone at all. Is violence ever justified?

In a free society, there is only one circumstance under which it is. Violence is only justified as a reaction to aggression committed in the past. Murder, assault, and theft are all examples. These justify the use of force against the perpetrator. Consider this statement.

“You are prohibited from committing murder against your fellow citizen. If you do, we will kidnap you at best, kill you while resisting at worst.”

Sounds perfectly reasonable, doesn’t it? Substitute “theft” for “murder” and that doesn’t change. The use of force is morally justifiable as a reaction to aggression. This proceeds logically from each individual’s right to defend himself. Self-preservation is the first law of nature.

Now, consider this statement.

“If you do not pay the medical bills of perfect strangers whom you have never met and never contracted any financial liability to, we will kidnap you at best, kill you while resisting at worst.”

That doesn’t quite work, does it? In fact, once the veneer of legitimacy is removed, it is apparent to any lucid person that the lawmaker in this case is committing one of the chief crimes he was given his power to prohibit. It is no less armed robbery if you substitute the words “education,” “housing,” or “food” for “medical.”

Since it is an absurdity that inaction can amount to aggression, no just law can mandate human behavior. Only laws prohibiting certain behavior are justifiable, that behavior being limited to aggression against others.

That’s why Thomas Jefferson said, “No man has a natural right to commit aggression on the equal rights of another, and this is all from which the law ought to restrain him.”

That even this minimal government activity requires finances is the reason that Thomas Paine called government “a necessary evil.” Many libertarians believe he was only half right.

The Bill of Rights was an attempt to limit, interfere with and retard the government’s ability to do the only thing it is capable of doing: commit violence. Those amendments do not grant any rights. They prohibit government violence, regardless of the wishes of the majority. “Congress shall make no law…”

That’s also the purpose of all of the supposed “checks and balances” in the Constitution itself. The framers attempted to construct a government that was incapable of doing anything unless violence was truly justified.

The Constitution and Bill of Rights were written to protect us from democracy.

These ideas have completely vanished from the modern American ethos. Instead of viewing government as a last resort, to be utilized only against an aggressor who refuses to interact peacefully with his neighbors, it is viewed as the first solution to every societal problem, most of which were caused by government in the first place.

That most insipid of all clichés, “There oughta be a law” is properly translated as “We ought to solve this problem with violence.”

That is American society today. A century of “progressivism” has reduced the average American to an unthinking, violent brute. He is both tyrant and slave at the same time. He can conceive of no other happiness than the satisfaction of his appetites and infantile amusement from base entertainment. He reacts to any interruption of this passive existence by calling on the government to commit violence on his behalf.

In the name of freedom, he not only acquiesces to but demands his chains.

Tom Mullen is the author of A Return to Common Sense: Reawakening Liberty in the Inhabitants of America.

Feinstein’s assault weapons ban would abolish the 2nd Amendment

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TAMPA, December 18, 2012 –U.S. Senator Dianne Feinstein has vowed to introduce a bill to ban assault weapons nationwide, similar to existing legislation in California. In doing so, she will effectively abolish yet another of the first ten amendments to the Constitution.

To many, Feinstein’s argument might sound very reasonable. She isn’t looking to ban all guns. “The purpose of this bill is to get just what Mayor Bloomberg said, weapons of war off the streets of our cities,” the senator told Meet the Press.

Having weapons of war on the streets is the whole point of the 2^nd Amendment. The amendment wasn’t drafted to ensure that Americans could hunt. It wasn’t drafted so that Americans could protect themselves, although the natural right to defend one’s life was never as compromised as it is in the modern gun control era.

Like most of the amendments in the Bill of Rights, the 2^nd Amendment was drafted to prevent an abuse of power that American colonists had suffered under the British. The 4^th Amendment was passed with Writs of Assistance in mind. Lexington and Concord inspired the 2^nd.

The left loves to reduce the American Revolution to one issue: taxation without representation. That works for well for their agenda, because they can then say, “Well, you’re represented, so now we can tax the living daylights out of you.”

It wasn’t that simple, of course. There were many long term and short term causes for the American secession from Great Britain. But the straw that broke the camel’s back, the most immediate cause for armed resistance, was the British attempt to disarm the colonists.

That’s why the British marched to Concord. That’s the only reason the colonists cared where they were marching.

Read the rest of the article…

Nullification and Secession? Juries can nullify Obamacare and the Drug War with much less drama

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TAMPA, December 2, 2012 – For libertarians, the reemergence of ideas like secession and state nullification couldn’t be more welcome. Both are attempts to resist the exercise of arbitrary power, which is power never delegated to the party attempting to exercise it. They should remain the last resort for free people to resist tyranny.

The problem with both remedies is that they provoke confrontation with the federal government. That doesn’t mean they aren’t legitimate tools, but they play into the government’s hands. The government loves war and domination. State nullification and secession give the government the opportunity to employ both.

Using the state government to resist unconstitutional federal laws pits one government against another. Ultimately, it can lead to an armed confrontation between state and federal agents, each attempting to enforce their respective laws. For peaceful freedom lovers, it’s an away game.

Secession brings with it even higher stakes. Although secession is not rebellion, as the seceding state is not attempting to overthrow the existing government, the federal government will say it is. History has taught us that enough people will believe it that the government can justify a war. Like nullification, it’s also an away game.

Jury nullification gives us the home court advantage. There is no enemy that the government can fight its war against. There is no opportunity for violence because none of the government’s edicts are technically violated. Its own rules call for “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”

Fine. The trial was held. The defendant was acquitted. Go pound sand.

History supports this argument. When South Carolina’s state government nullified the Tariff of Abominations in the 1830’s, Democratic President Andrew Jackson threatened to invade the state. When the southern states peacefully seceded in the 1860’s, Republican President Abraham Lincoln did invade.

The results have been different for jury nullification. If you’re drinking a beer or enjoying a glass of wine while reading this article, you’re safe from government goons breaking down your door to a large extent because of widespread jury nullification of Prohibition during the 1920’s.