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In this week’s episode we’ll tell you about yet another state nullifying an unconstitutional act. And some people will call a recent ruling in New York a “win,†but it’s really just an expansion of federal power. Plus we’ll talk about the fact that power won’t restrain itself. We must take action with or without them.

Host: Michael Boldin.

Content Production: Mike Maharrey

Imagine you’re playing a game of tug-o-war and none of your teammates will pick up the rope.

Your full-strength opponent would drag you all over the field.

Now, would you blame your failure on the rope? Would you blame your failure on the other team pulling too hard?

Of course not!

Yet those are the approaches many Americans take when it comes to the Constitution. They see the continuing expansion of federal power and blame the Constitution itself. Or they complain because the feds won’t let up.

Well, that’s not how it works. You have to fight power with power.

Your team has to pick up the rope and pull!

On the one hand, I hear a lot of libertarian-leaning folks blame the Constitution itself. They point at all the federal overreach and then quote Spooner.

“But whether the Constitution really be one thing, or another, this much is certain – that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.â€

Notice the implicit assumption – that the Constitution will somehow enforce itself. Surely they don’t really believe waving the Constitution at rampaging federal officials like a red cape at a bull will somehow stop them from exercising undelegated power. It’s not like you can just hold up a copy of the founding document and expect the federal agent to say, “Oh, I’m sorry! Here’s the power back.â€

That’s absurd.

The problem isn’t some deficiency in the Constitution. The problem lies in the fact that we the people have not insisted D.C. abide by it and resisted when they refused to do so. Quite simply, we have not enforced constitutional limits.

We have to pick up the rope and pull.

On the other hand, we have conservatives who want to appeal to the other team. They run to the federal employees in the federal courts, and beg them to restrain federal power. Then they act all shocked and indignant when the judges refuse. This method is a lot like begging the other tug-o-war team to pretty please quit pulling on the rope.

Blaming the rope and the other team might make you feel better about the situation, but it is never going to solve the problem.

The Constitution is not a self-exercising document.

We have to pick up the rope and pull.

In Federalist 46, James Madison said opposition to federal overreach is powerful and at hand. But that’s not a magic wand either. We can’t just quote Madison. We have to take action. We the people must flex our own muscles and use our authority to stop the encroachment of federal power.

Nullification provides a powerful tool to check federal power. It balances out the tug-o-war game, and ultimately we can overpower the feds. But it takes hard work at the state and local level. It won’t just happen unless we pick up that rope and start pulling.