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NULLIFICATION: MARXIST DEMOCRATS REVIVE A FAILED THEORY

The efforts of our Shadow President Barak “Shadobama” Obama, his puppet, the Criminal, Joe Biden, and their Marxist allies across the country to “fundamentally transform” the United States into a Third World sh*thole continue unabated.  The most recent attempts at this are the rulings by the Colorado Supreme Court and Maine’s Secretary of State to remove Trump from the primary and general election ballots.  These Marxists are interpreting Section 3, 14th Amendment as stating no person who has engaged in insurrection against the U.S. government may run for office.  Of course, 6 January 2021 was not an insurrection, nor has Trump been charged with, let alone convicted of, abetting an insurrection.  Moreover, Marxists, the real insurrectionists, fail to recognize that in Sections 3 and 5, 14th Amendment, Congress will be the judge as to the implementation, or not, of that amendment.

 

The actions in Colorado and Maine have been discussed only briefly by talking heads, editorialists, and online commentators, who are profoundly uninquisitive, innocent of U. S. history, and mainly concerned with how many “likes” they receive.  Although I am not a Constitutional scholar, I am a student of the Constitution and U.S. history, the Marxists in Colorado and Maine appear to me to be using the 14th Amendment to invoke nullification theory as it pertains to the U.S. Constitution.  Nullification in Constitutional history,

 

“is a legal theory that a state has the right to nullify, or invalidate, any federal laws which they deem unconstitutional with respect to the United States Constitution (as opposed to the state’s own constitution).  There are similar theories that  any officer, jury, or individual may do the same.”[1]

 

            The foundation for nullification lies in the idea (compact theory) that the Union was a compact in which the states, not the American people, created the federal government, and, therefore, were the final arbiters, not federal courts, on limits of that government.  Although the Constitution has no clause which gives individual states the power to declare federal laws unconstitutional, multiple essays in the Federalist Papers[2]make it very clear that federal laws transcend state authority to interpret the Constitution, as long as those states remain part of the Union.[3] Several states, Kentucky, Pennsylvania, Massachusetts, Connecticut, Virginia, Wisconsin, Ohio, and Georgia, have attempted to use the nullification theory, and South Carolina’s continuing push for it from 1832 to 1861 resulted in our Civil War.

 

            Now, it seems to me, Democratic organizations in 17 states, with Colorado and Maine being the most vocal, are attempting to invoke nullification theory to throw President Trump off state primary and general election ballots.  Does anyone else see this?

 

            To be eligible to run for president, the Constitution declares one must be a natural born citizen, at least 35 years of age, and have been a resident of the U.S. for 14 years.  There are no other requirements.  Since the Constitution is federal law, individual states or persons within those states cannot nullify anyone who meets those requirements from placing their name on the ballot.

 

            Moreover, the Marxists and the media intent on Section 3, 14th Amendment fail to read Section 1 which declares “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States … without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

 

            Last time I looked, voting was not only a privilege but also a right according to the 15th and 19th Amendments.   Apparently not in Colorado and Maine.  Essentially, three appointed, not elected Marxists on the Colorado Supreme Court and one in Maine have decided to nullify federal laws that guarantee not only white males, but blacks, Asians, Hispanics, women, and homosexuals their right to vote for the candidate of their choice.

 

            Our alleged puppet president, the Criminal, Joe Biden is supposedly campaigning for a second term, although there is no evidence that this is true.  He did not go to Iowa or New Hampshire.  The Socialist-Marxist Party essentially nullified opposing Democrat candidates, Dean Phillips and RFK, Jr., from participating in the presidential primaries.  Could we end up with only one name on the Presidential general election ballot in November?

 

            To end on a happy note, the U.S. Supreme Court has rejected all attempts by states to invoke nullification theory.  The general opinion of attorneys is that SCOTUS will do so again, based on the Supremacy Clause and Article III of the Constitution, and by unanimous vote.  I have my doubts.  I think it will be an 8-1 decision.  If Justice Jackson, who cannot define “woman,” is as ignorant and incompetent as other DEI appointees, it is highly unlikely that she can define nullification.

 

                                                                        PROMETHEUS

                                                                        22 January 2024


[1]  Nullification on Wikipedia.  Although Wikipedia contains lots of subjective nonsense, this article is very well done and very well referenced.  Unless otherwise indicated, my comments on nullification, Federalist Papers, etc. are taken from this article.

[2]  Nos. 33, 39, 44, 78, 80, and 82.

[3]  Federalist No. 33.

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