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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 Four Keys to the Millennium (Book)

Foundations in Biblical Eschatology

By Jay Rogers, Larry Waugh, Rodney Stortz, Joseph Meiring. High quality paperback, 167 pages.

All Christians believe that their great God and Savior, Jesus Christ, will one day return. Although we cannot know the exact time of His return, what exactly did Jesus mean when he spoke of the signs of His coming (Mat. 24)? How are we to interpret the prophecies in Isaiah regarding the time when “the earth will be full of the knowledge of the LORD as the waters cover the sea” (Isa. 11:19)? Should we expect a time of great tribulation and apostasy or revival and reformation before the Lord returns? Is the devil bound now, and are the saints reigning with Christ? Did you know that there are four hermeneutical approaches to the book of Daniel and Revelation?

These and many more questions are dealt with by four authors as they present the four views on the millennium. Each view is then critiqued by the other three authors.

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In the Days of These Kings (Book)

Perfect-bound Paperback — 740 pages

The Book of Daniel in Preterist Perspective

“And in the days of these kings shall the God of heaven set up a kingdom, which shall never be destroyed: and the kingdom shall not be left to other people, but it shall break in pieces and consume all these kingdoms, and it shall stand for ever” (Daniel 2:44).

The overarching message of Daniel is that Jesus the Messiah is even now ruling over the nations. He is the King of kings. Daniel tells us that Messiah’s kingdom will advance in the whole world from “generation to generation” (Daniel 4:4,34). Christ’s dominion is “given to the people of the saints of the most High” (Daniel 7:22). Our purpose then is to see “all people, nations, and languages … serve and obey him” (Daniel 7:14,27).

This comprehensive work offers a fascinating look at the book of Daniel in preterist perspective. Great attention is paid to the writings of ancient and modern historians and scholars to connect the dots and demonstrate the continuity of Daniel’s prophecy with all of Scripture.

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Go Stand Speak (DVD)

With “preaching to the lost” being such a basic foundation of Christianity, why do many in the church seem to be apathetic on this issue of preaching in highways and byways of towns and cities?

Is it biblical to stand in the public places of the world and proclaim the gospel, regardless if people want to hear it or not?

Does the Bible really call church pastors, leaders and evangelists to proclaim the gospel in the public square as part of obedience to the Great Commission, or is public preaching something that is outdated and not applicable for our day and age?

These any many other questions are answered in this documentary.

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Why Creeds and Confessions? (Book)

High Quality Paperback — 219 pages

Foundations in Biblical Orthodoxy

Driving down a country road sometime, you might see a church with a sign proudly proclaiming: “No book but the Bible — No creed but Christ.” The problem with this statement is that the word creed (from the Latin: credo) simply means “belief.” All Christians have beliefs, regardless of whether they are written.

Yet a single book containing the actual texts of the most important creeds of the early Church will not often be found. Out of the multitude of works on the evangelical Christian book market today, those dealing with the creeds of the Church are scarce.

Why Creeds and Confessions? provides a foundation of biblical orthodoxy as a defense against the false and truly heretical doctrines advanced by the spirit of this age.

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The Real Jesus: A Defense of the Historicity and Divinity of ChristThe Real Jesus: A Defense of the Historicity and Divinity of Christ (DVD)

Who is the Real Jesus?

Ever since the dawn of modern rationalism, skeptics have sought to use textual criticism, archeology and historical reconstructions to uncover the “historical Jesus” — a wise teacher who said many wonderful things, but fulfilled no prophecies, performed no miracles and certainly did not rise from the dead in triumph over sin.

Over the past 100 years, however, startling discoveries in biblical archeology and scholarship have all but vanquished the faulty assumptions of these doubting modernists. Regrettably, these discoveries have often been ignored by the skeptics as well as by the popular media. As a result, the liberal view still holds sway in universities and impacts the culture and even much of the church.

The Real Jesus explodes the myths of these critics and the movies, books and television programs that have popularized their views. Presented in ten parts — perfect for individual, family and classroom study — viewers will be challenged to go deeper in their knowledge of Christ in order to be able to defend their faith and present the truth to a skeptical modern world – that the Jesus of the Gospels is the Jesus of history — “the same yesterday, today and forever” (Hebrews 13:8). He is the real Jesus.

Speakers include: George Grant, Ted Baehr, Stephen Mansfield, Raymond Ortlund, Phil Kayser, David Lutzweiler, Jay Grimstead, J.P. Holding, and Eric Holmberg.

Ten parts, over two hours of instruction!

Running Time: 130 minutes

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