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Nullification: The Resistance We Need

I’m a board member of Personhood Florida and the president of Personhood Florida Education. From the foundation of our organizations, we have tried to stress that we need more than just a Florida Constitutional Amendment

We actually need both state and U.S. Constitutional Amendments to protect life and marriage. We also need the state and federal governments to follow the 9th and 10th Amendments that we already have. It’s not a question of legislative initiatives “not working.” It’s a matter of moving biblically and constitutionally. Note that the U.S. Constitution contains no criminal laws, but just an organization of the three branches of civil government. The ability to pass criminal laws was for the most part delegated to the states. Neither the executive branch of the U.S. government nor the federal judiciary is given the authority to make law. Even the role of the U.S. Congress as the sole legislative branch is limited to certain functions. The intent of the founders was that the U.S. Congress regulate foreign and interstate domestic commerce and fund the military. They did not intend the federal government to override state and local laws.

So what we need is not simply a “legislative approach,” but a restoration of constitutional jurisprudence.

I am glad that more people are talking about nullification. I’ve advocated this since the 1990s. Personhood Florida was founded with the idea of nullifying Roe, not reversing it. It is going to take a ton of education of public policy pundits and our state legislators to understand this. In order to follow the Constitution, we don’t need to pass any additional laws. We just need to understand that state law is supreme in most instances over federal law.

The reason why incremental laws are troublesome to me is not even because they are incremental. It is because they codify into law exceptions that were not in our state laws prior to Roe. Abolitionists are talking about resistance and using arms if necessary. That will never happen. If the people’s understanding of the U.S. Constitution isn’t in place first, then we won’t ever resist. But violent resistance is unnecessary under our Constitution. Non-violent nullification ought to be an ordinary fact of life whenever the federal courts, U.S. Congress or president overstep their constitutional restraints.

So it’s a catch-22. We don’t nullify Roe because people don’t understand the Constitution. All that it would take would be a one sentence state amendment or law in order to get the job done.

We the people of the state of Florida are dedicated to the recognition and protection of the God-given, inalienable right to life of all innocent human beings as legal persons at every stage of their biological development.

Period.

What I don’t like is that people talk about legislation and resulting resistance to civil tyranny as only a means of ending abortion. It’s missing the forest for the trees. The reform we need is much more comprehensive than just resisting Roe. In fact, we’ll never be able to resist Roe without first a long campaign of education on how and why the legislative powers not described in the U.S. Constitution are delegated to the states.

There is a long history of Christian theology that shows how this method of decentralized government and anti-monarchist philosophy is based squarely on the Bible. America’s founders, even those who were not born-again Christians, self-consciously followed a Knoxian-Cromwellian model of resistance to tyranny — even while taking it a step further to codify a means of state nullification into both the Constitution and the Bill of Rights.

A Better Way to End Abortion in Florida

Personhood advocates need to understand two important realities about state abortion laws.

First, as long as states think they must follow Roe v. Wade as established law, there is no real restriction on abortion. Roe v. Wade together with Doe v. Bolton made it possible to kill a child in the womb through all nine months once certain criteria are met. The biggest “loophole” is the “health of the mother” in Doe, which includes “mental health.” So legally all a woman has to do is sign a piece of paper saying she has had thoughts of suicide and the doctor can concur. In fact, women seeking late term abortions are often coached to do this. Some states have further restrictions saying late term abortions must be done in a hospital setting or through a doctor that has hospital privileges. This is why putting “restrictions” on abortion while kneeling before the altar of Roe as “settled law” can never work. “Chipping away at Roe” is ineffectual as long as this “mental health” exception is followed.

This is the reason why I haven’t flown into hysterics over New York’s new “barbaric” abortions laws. This is already the case in every state throughout the country as long as we accept the judicial fiat “laws” of Roe and Doe.

Second, states can right now end abortion legally by doing three things.

1. Write into law or as an amendment that the life of all human beings at any stage of development must be recognized and defended. Some states actually have such Personhood language in their constitution and laws already. But too many people falsely believe Personhood is ineffectual under Roe.

2. Pass uncompromised fetal homicide laws or remove the exceptions in fetal homicide laws that protect abortionists. There have been people tried and convicted of murder for killing a preborn child. A few years ago, Ariel Castro in Cleveland, Ohio was convicted of first degree murder for forced abortions on girls he had kidnapped. People who deceptively give pregnant women abortion pills can be tried for murder. There are many “double homicide” cases involving preborn children and their mothers. There is also a federal fetal homicide law that covers all 50 states. The problem is that these laws all have an exception that protects abortionists from prosecution.

3. Ignore or defy federal abortion-related cases that contradict state laws and state constitutions. Many states have “tenth amendment” resolutions and/or language in laws that command state officials to uphold state law over federal law.

Here in this video, Idaho state representative Heather Scott is doing just this. This needs to be the paradigm shift that all “pro-life” legislators throughout the country will adopt.

Please also see the links for The United States of America 2.0: The Great Reset. This is short primer on doctrine of nullification, which has been one of the foundational tenets of the Personhood movement since its beginning. You may either order copies or I have posted all the articles that make up the booklet online for free.


The United States of America 2.0: The Great Reset (Book)

High Quality Paperback — 40 pages of dynamite!

Revival, Resistance, Reformation, Revolution
An Introduction to the Doctrines of Interposition and Nullification

In 1776, a short time after the Declaration of Independence was adopted, Thomas Jefferson, John Adams and Benjamin Franklin were assigned to design an official seal for the United States of America. Their proposed motto was Rebellion to Tyrants is Obedience to God. America owes its existence to centuries of Christian political philosophy. Our nation provided a model for liberty copied by nations the world over.

By the 21st century, we need a “Puritan Storm” to sweep away the Hegelian notion that the state is “God walking on earth.” We need revival and reformation in full force to vanquish the problems that plague us as a nation — from government controlled healthcare — to abortion on demand — to same sex “marriage.” This booklet gives a primer on our founders’ Christian idea of government and examines how the doctrine of nullification was woven into the Constitution as a safeguard against federal tyranny. It concludes with the history and theology of civil resistance. A Second American Revolution is coming with the Word of God growing mightily and prevailing! (Acts 19:20).

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The Beast of Revelation IdentifiedThe Beast of Revelation: Identified (DVD)

Who is the dreaded beast of Revelation?

Now at last, a plausible candidate for this personification of evil incarnate has been identified (or re-identified). Ken Gentry’s insightful analysis of scripture and history is likely to revolutionize your understanding of the book of Revelation — and even more importantly — amplify and energize your entire Christian worldview!

Historical footage and other graphics are used to illustrate the lecture Dr. Gentry presented at the 1999 Ligonier Conference in Orlando, Florida. It is followed by a one-hour question and answer session addressing the key concerns and objections typically raised in response to his position. This presentation also features an introduction that touches on not only the confusion and controversy surrounding this issue — but just why it may well be one of the most significant issues facing the Church today.

Ideal for group meetings, personal Bible study — for anyone who wants to understand the historical context of John’s famous letter “… to the seven churches which are in Asia.” (Revelation 1:4)

Running Time: 145 minutes

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Dr. Francis Schaeffer - How Should We Then Live? (DVD)

Special Two-Disc Set!

After 40 years of intense study and world-wide ministry, Dr. Francis Schaeffer completed his crowning work of scholarship – to present profound truths in simple film language. Dr. Schaeffer’s brilliant analysis of the past and predictions for current trends have proven so uncannily accurate that this amazing series still feels contemporary almost three decades after its initial release. Ultimately, Schaeffer concludes that man’s only hope is a return to God’s Biblical absolute, the truth revealed in Christ through the Scriptures.

Available for the first time on DVD, this documentary spectacular also includes intimate in-depth conversations with Francis and Edith Schaeffer. With the on-disc study guide, this presentation forms a unique course of comprehensive study. While this series forms an innovative analysis of the past, this outstanding work is more than history. Each episode focuses on a significant era, yet speaks clearly to 21st-century man with answers for modern problems.

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Frank Schaeffer Will You Please Shut Up! (Book)

High Quality Paperback — 200 pages

A Reasonable Response to Christian Postmodernism

Includes a response to the book Christian Jihad by Colonel V. Doner

The title of this book is a misnomer. In reality, I am not trying to get anyone to shut up, but rather to provoke a discussion. This book is a warning about the philosophy of “Christian postmodernism” and the threat that it poses not only to Christian orthodoxy, but to the peace and prosperity our culture as well. The purpose is to equip the reader with some basic principles that can be used to refute their arguments.

Part 1 is a response to some of the recent writings by Frank Schaeffer, the son of the late Francis Schaeffer. This was originally written as a defense against Frank’s attacks on pro-life street activism – a movement that his father helped bring into being through his books, A Christian Manifesto, How Should We Then Live? and Whatever Happened to the Human Race? These works have impacted literally hundreds of thousands of Christian activists.

Part 2 is a response to Colonel Doner and his book, Christian Jihad: Neo-Fundamentalists and the Polarization of America. Doner was one of the key architects of the Christian Right that emerged in the 1980s, who now represents the disillusionment and defection many Christian activists experienced in the 1990s and 2000s. There is still great hope for America to be reformed according to biblical principles. As a new generation is emerging, it is important to recognize the mistakes that Christian activists have made in the past even while holding to a vision for the future.

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Freedom: The Model of Christian Liberty (DVD)

“Give me liberty or give me death!”

Patrick Henry’s famous declaration not only helped launch the War for Independence, it also perfectly summarized the mindset that gave birth to, and sustained, the unprecedented experiment in Christian liberty that was America.

The freedom our Founders envisioned was not freedom from suffering, want, or hard work. Nor was it freedom to indulge every appetite or whim without restraint—that would merely be servitude to a different master. No, the Founders’ passion was to live free before God, unfettered by the chains of autocracy, shackles that slowly but inexorably bind men when the governments they fashion fail to recognize and uphold freedom’s singular, foundational truth: that all men are created in the image of God, and are thereby co-equally endowed with the right to “life, liberty, and the pursuit of happiness.”

This presentation is a similar call, not to one but many. By reintroducing the principles of freedom that gave birth to America, it is our prayer that Jesus, the true and only ruler over the nations, will once again be our acknowledged Sovereign, that we may again know and exult in the great truth that “where the Spirit of the LORD is, there is liberty” (2 Cor. 3:17).

Welcome to the Second American Revolution!

This DVD features “Liberty: The Model of Christian Liberty” along with “Dawn’s Early Light: A Brief History of America’s Christian Foundations.” Bonus features include a humorous but instructive collection of campaign ads and Eric Holmberg’s controversial YouTube challenge concerning Mitt Romney’s campaign for president.

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Massacre of Innocence (DVD)

Exposing The Occult Roots of Abortion

This presentation looks at the spiritual roots of abortion and exposes the myths surrounding child killing. Little known historical facts about abortion and how they relate to modern feminism are presented logically and accurately. Has been effective in converting many to a pro-life position.

Massacre of Innocence goes where no pro-life presentation has gone before in “tearing the lid off abortion” to reveal the spiritual realities we must battle if we will bring an end to this crime. The presentation is absorbing, fast-paced, informative and incredibly devastating to any attempt to justify abortion.

“… an extraordinary statement … a powerfully articulate presentation about what abortion really means, and why a great and moral nation like the United States must not allow the slaughter to continue.”
— Congressman Robert K. Dornan

Running time: 85 minutes

Packaged in a double DVD case with the updated The Abortion Matrix DVD.

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