We [the States] are under no obligation to comply with unconstitutional federal actions.

This sounds like some kind of radical statement, but it’s a fundamental concept in contract law.

Let’s say I sit down with you to negotiate a contract, and I say,

“Hey, I’m understanding that this gives you power F. I don’t want you to have power F, so I’m not agreeing to this contract.”

You say,

“No, no Mike. This does NOT give me power F.” You go on to explain why it doesn’t.

So based on what you just told me, I agree to the contract. Now if you come along later and start exercising power F, am I obligated by the contract to let you? Of course not! I’m not going to let you ‘F’ me. In fact, I have grounds to take action against you, to either stop you from using power F, or to void the contract altogether.

This is a paraphrase of what George Nicholas said in a speech to the Virginia ratifying convention that was crucial in securing the Constitution’s approval in that state.

โ€œIf 13 individuals are about to make a contract and one agrees to it, but at the same time declares that he understands its meaning, signification and intent, to be, what the words of the contract plainly and obviously denote, that it is not to be construed so as to impose any supplementary conditions upon him, and that he is to be exonerated from it, whensoever any such imposition shall be attempted โ€“ I ask whether in this case, these conditions on which he assented to it, would not be binding on the other 12? In like manner, these conditions will be binding on Congress. They can exercise no power that is not expressly granted them.โ€ ~ย The Debates in the Several State Conventions of the Adoption of the Federal Constitution – Volume 3 Page 626

So, when the federal government exercises power not delegated to it in the Constitution, the states are “exonerated from it.” That means they do not have to comply. It’s simple contract law.

 

Michael Maharrey is a journalist, author, and speaker.ย  He speaks at events across the United States, and frequently appears as a guest on local, national and international radio shows advancing constitutional fidelity and liberty through decentralization.ย  He’s written three books:ย Our Last Hope โ€“ Rediscovering the Lost Path to Liberty, Smashing Myths: Understanding Madisonโ€™s Notes on Nullification, and ย Nullification Objections: Dismantling the Opposition.ย  He currently serves as the national communications director for theย Tenth Amendment Center.