Liberty Defense League Timothy Baldwin Romans 13

 
You Are Here: Articles Monday, March 16, 2015

by Tim Baldwin

My latest article, The Lesser Evil Principle: A Choice Inside and Outside the Political System, discussed the two main areas of citizens’ actions to correct political direction. They are, inside and outside the system. I use four main points to support my conclusion that Americans should use the system, meaning ethical voting and amending the Constitution, to make right changes:

  1. A Republic inherently intends slow changes and prevents sudden changes (except amendments allow immediate change).

  2. America’s condition has not reached the extreme point of working outside the system (i.e. dissolution of compact, revolution, State force).

  3. Exaggerating the extremity of our condition is dangerous to liberty.

  4. Those who argue that working outside the system is a lesser evil than working inside the system have the burden of proof, but have not met that burden to date.

I will try to help readers understand more fully the nature of political remedies, how to use them, and what philosophy undergirds them. To do this, I refer to articles I have already written and categorize them for the easier study.

On political remedies in general:

On why State force (i.e. militia) and State Nullification are not the proper remedies inside the system, I have written here (see, FN 1). For more study on state nullification, read Professor Rob Natelson.

On Amending the Constitution:

For more study on Article V, read Professor Rob Natelson, Convention of States, and Randy Barnett.

On how the TEA Party can move politics in the right direction:

On the philosophy of Pragmatics that formed the Founders’ political actions:

On the distinction between (as traditionally named) conservative and progressive philosophy:

These topics are extensive and complex, so I do not mean that my above-referenced articles answer all questions that come from each subject. However, I believe they encompass the philosophy, options and choices Americans can use to move in a conservative direction.

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FN 1. I have studied and written on State nullification for years. Looking for a remedy to balance State and Federal power--I once held the position that State nullification was an absolute right of the States. However, the more I have studied the topic, the more I have become persuaded that State nullification is not absolute and that State resistance against federal laws could only be used in the most extreme cases of tyranny where the original right of self-defense becomes ripe. But such an act would not be nullification and would not be an act of constitutional law. Rather, it would be an act based on natural law where the federal law serves to dissolve the union and/or obligations under the Constitution. In that case, the State's act is extra-constitutional--a right of revolution. The Federalist Papers describe such extra-constitutional acts and provide guidance on the subject. Also, when I use the word nullification, I understand it to mean that the State can pass a law that voids a federal law within the State’s border and can use actual force to stop the federal law from being enforced. While the State can pass laws that prevent or stifle the federal government from using State resources to enforce the federal law and can use other methods that do not equate to force (see, Federalist Paper 46), the State law does not make the federal law void, no more than Congress has the power to unilaterally negative a State law because they deem it contrary to the Constitution. Both governments are created by the people with equal sovereignty respectively, so neither government can violate the sovereignty the people have granted to the other government.

 

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