Image Credit: Tennessee Senate / YouTube
Submitted by Karen Bracken [Founder of TN Citizens for State Sovereignty] –
As was expected there are those ignorant of the original intent of our US and TN Constitution writing scathing and inaccurate stories about the Summer Study that took place on October 3, 2024.
The Summer Study was conducted to give the Senate State and Local Government Committee an opportunity to conduct a deeper discussion on legislation (SB2775 Restoring State Sovereignty Through Nullification Act) that was heard before the Senate State and Local Government Committee during our last legislative session.
Dr. Joe Wolverton and Mr. Jeff Cobble were invited to speak in support of the legislation.
After the session was over there were those that just had to berate what took place during the Summer Study. Making inaccurate and unprofessional statements regarding Mr. Cobble and Dr. Wolverton.
There are those, generally modern-day lawyers that believe a few people in black robes rule over the state and the people of the state which was far from what our founders envisioned.
The Bill of Rights was created because the people of the states feared they would end up being ruled once again by a King. The Bill of Rights was written to assure the people they would remain free and independent. It was to protect the people not the federal government.
Anyone that believes that case law overrides the Constitution needs to forget what they were taught in school and do some real historic research. Case law does not override the original intent of our Constitution and the writings of our founders and others at the time leave no doubt as to who is the final arbiter of the Constitution and it is not the federal government which includes the US Supreme Court.
Our founders knew that as time went on people would put their own spin on the US Constitution to push an agenda and Thomas Jefferson made that point when he said: “On every question of construction, (Let us) carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”
Mr. Cobble read a statement from the recent Dobbs decision in which Justice Sotomayor stated: “Counsel, there’s so much that’s not in the Constitution, including the fact that we have the last word. Marbury versus Madison. There is not anything in the Constitution that says that the Court, the Supreme Court, is the last word on what the Constitution means. It was totally novel at that time. And yet, what the Court did was reason from the structure of the Constitution that that’s what was intended.”
In other words the Supreme Court decided on its own that the Constitution gave them the last word. It did not.
Understand, in 2021 every member of the committee except for Senator Lowe who did not hold office in 2021 and the 2 Democrat members of the committee voted in favor of and passed SJR9005. Sen. Briggs, Sen. Pody, Sen. Stevens, Sen. Jackson, Sen. Yager, Sen. Walley all voted for SJR9005 as well as the vast majority of all Republican Senators and Representatives. So why are they now against a bill that would only lay out a process in which to easily invoke nullification when needed?
Nullification can only be used against unconstitutional actions by the federal government. Nullification is not secession. Nullification will not cause chaos; it can ward off chaos and civil unrest caused by a government that is out of control.
Anytime the federal government steps out of its very small lane as described in Art. 1 Sec. 8 of the US Constitution it is the duty of the state to redirect them back into their constitutional lane. Our founders made this very clear and our Constitution does as well. In Art. 1 Sec. 10 of the US Constitution you will find what the states cannot do. Do you see nullification contained in that list?
Our founders made it very clear that “the powers delegated by the proposed Constitution are few and defined. Those that are to remain in the state government are numerous and indefinite.” ~ James Madison
I highly recommend that Tennesseans read our state Constitution.
If you read nothing else read Article 1 – Declaration of Rights
Art. 1 Sec. 2 of the TN Constitution States: “That government being instituted for the common benefit, the doctrine of nonresistance against arbitrary power and oppression is absurd, slavish, and destructive of the good and happiness of mankind.“
Section 2 of Article 1 makes it very clear the state has the right and the duty to resist arbitrary power and oppression and the thought of not doing so is absurd, slavish and destructive.
Nullification is only the act of saying “we the state of Tennessee will not comply” with unconstitutional laws, rules, regulations, mandates, EOs, treaties or international agreements. We do not have to wait for those in black robes to give us permission to protect our God given rights and the sovereignty of our free and independent state.
PLEASE take the time to listen carefully to the hearing and judge for yourself.
4 Responses
Excellent article Karen! Attorney Cobble and Dr. Wolverton gave a clear, understandable Constitutional explanation of the people’s rights and governments’ responsibilities. Nothing in the discussed legislation, (SB2775 Restoring State Sovereignty Through Nullification Act) calls for nullification. It merely opens additional pathways for Tennesseans to get potentially unconstitutional federal laws in front of the general assembly for discussion and vote. The Act’s process is reasoned, orderly, and limited so there would be no waves of nullification votes for legislators.
In refuting nullification, Attorney Mark Pulliam followed the thread worn and dangerous case law theory that draws on prior legal precedents, no matter how flawed, to guide current decisions rather than the Constitution itself. He then touts the grindingly familiar mantra that the Supremacy Clause says federal laws supersede state by dismissing the phrase “…in pursuance thereof.” The U.S. Constitution allows for a single precedent, and that is the Constitution itself. SB2775 creates accountability, transparency, and public engagement in the nullification process. In other words, the very essence of a free republic.
It all sounds good until one studies the legal history of states and legislators attempting nullification, and, what the founders ultimately said not just a comment. NO state, NO legislator has ever successfully executed legislation with a law for nullification. This is not a new concept. It has been debated and adjudicated for 250 years. Attempting to overturn federal law by anything except the courts (the nullification bill thinks it can allow a judge, governor or 2,000 people to overturn/nullify a federal law) has been ruled unconstitutional by courts and law and experience. Over and over and over again. This is not new.
Resisting the federal government, or the will to resist, rests upon the people and its representatives. There is no easy work in government, and the founders knew that, there is no snap of the fingers that magically fixes tyranny. They knew they needed checks and balances and a citizenry that would engage in civic duty, as Jefferson notes- “The price of freedom is constant vigilance.”
Like I have responded to you before and all the other constitutional illiterates….you can have your own opinion but you cannot have your own FACTS. There have been many acts of nullification and right here in TN but not enough. EVERY unconstitutional law must be nullified. That is the duty and the responsibility of our state. As Ben Franklin said when asked what kind of government did he give us and he responded: madam, a republic if YOU can keep it. No one knows more about the original intent of our Constitution so I will listen to the words of our founders and the actual words in our Constitution over the constitutional illiterates that think they know more than what our founders planned for our country.
Wake up Tennessee……https://www.tiktok.com/@tenthamendmentcenter/video/7425706096611888427?_r=1&_t=8qXuIv71cmg