By The John Birch Society


With far-left Democrats controlling Congress and the White House, the federal government has accelerated its implementation of unconstitutional and socialist policies.


Patriots must not give up, however, as there remains much that they can still do to save our Republic and counter these radical policies. The most powerful of these tools is nullification.


Nullification is firmly grounded in the text of the U.S. Constitution, specifically Article VI. It states: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land” (emphasis added). This clearly implies that laws not in accordance with the Constitution are null and void.


Additionally, the 10th Amendment makes clear that all powers not granted by the Constitution to the federal government are reserved to the states and to the people. By enforcing this important constitutional provision alone, the states can push back against a significant portion of federal overreach.


In addition to being constitutionally sound, nullification is effective. As The John Birch Society notes, at least 80% of the federal government is unconstitutional. Additionally, nullification would have an immediate effect and is not dependent upon approval by the federal judiciary. Thus, unlike inferior and more risky methods such as an Article V convention, nullification can immediately push back against significant portions of the federal government.


There is much that state legislatures can and should do. The article “Nullification: What State Legislatures Are Doing,” published in the March 22, 2021, edition of The New American outlines some of the bills legislators should be considering and passing:


  • Comprehensive nullification, to create a formal process for systematically reviewing all federal actions and nullifying them if found unconstitutional. Model legislation includes HB 1215 in Texas and HB 256 in Wyoming.
  • Gun control nullification, to prohibit enforcement of all federal actions that violate the Second Amendment’s prohibitions on gun control. Model legislation includes SF 81 in Wyoming, HB 157 in Alabama, and SB 1328 in Arizona.
  • Abortion nullification, to prohibit the enforcement of Roe v. Wade and other unconstitutional court rulings. Such legislation would apply regardless of whether the Supreme Court corrects its erroneous past rulings on the issue. Model legislation includes HB 2877 in Arizona.
  • “Defend the Guard” legislation, which would prohibit foreign deployments of state National Guard units if it violates Article I, Section 8, Clauses 11 and 15. Model legislation includes HB 1163 in Florida.
  • Legislation to nullify unconstitutional presidential executive orders. Model legislation includes SB 277 in Montana and HB 1236 in Oklahoma.


Nullification is not limited to the above topics. State legislatures can, and should, pass legislation to counter any federal government policy that violates the Constitution.


Urge your state legislators to enforce the Constitution, as originally intended, and to push back against all unconstitutional laws at every level of government by introducing and passing nullification bills.


Published with Permission of The John Birch Society