Nullification What State Legislatures Are Doing
If Joe Biden can be considered a master at anything, it is irony. For someone who made “unity” and “normalcy” his campaign themes, no president has done more in his first month to break norms and further divide the country. In addition to signing a record number of executive orders — advancing far-left priorities on topics ranging from energy to migration — he has gone farther than any other president to decimate U.S. national sovereignty, slander American history, and remove federal officials for purely political reasons.
Not surprisingly, many of Biden’s executive decrees are unlawful and unconstitutional. They also are an omen of what the remainder of his presidency will bring. However, this is not a new problem; the federal government has long been overstepping its constitutionally imposed constraints and infringing upon both individual liberties and state sovereignty.
Fortunately, the Constitution contains the tools necessary to push back against these federal overreaches. For example, Article VI 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.) That is, laws not “made in Pursuance” of the Constitution are not the law of the land. In fact, they are unconstitutional and should be declared “null and void” for the simple reason that the federal government may only exercise those powers delegated to it. This is made crystal clear by the 10th Amendment, which states that all powers not granted by the Constitution to the federal government are reserved to the states and to the people.
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