Congress Won’t End the Wars, so States Must

If nullification can work for cannabis, guns, and life-saving drugs, why not war?

Congress has abandoned our soldiers.

Two years have passed since the release of the Afghanistan Papers, revealing that no one in charge — at any point over the last two decades — has ever held a clear idea as to why our soldiers must die in these aimless, costly wars. Yet Congress, following the lead of the Cheneys and the Clintons, fights to maintain the status quo.

Congress is useless, but the states have proven they are not; in recent years, states have nullified a wide range of unlawful federal policies, from FDA regulations against investigational drugs, to cannabis prohibition, to gun control.

There is no reason states cannot also apply Thomas Jefferson’s “rightful remedy” and nullify unconstitutional foreign policy by passing “Defend the Guard” (DTG) legislation. Proposed this year in 31 states, DTG invokes state authority to order home the tens of thousands of National Guardsmen currently deployed in any war that Congress has not formally declared.

Nullification was first proposed in 1798 by Thomas Jefferson and James Madison as a state remedy to overreaches of federal power. When President John Adams signed into law the Sedition Act (authorizing the Adams administration, in violation of the First Amendment, to imprison political dissidents), Jefferson and Madison answered with the Kentucky and Virginia Resolutions, declaring the implied power of the states to nullify unconstitutional federal laws. To this day, the power of states to check federal power holds value for all Americans who wish to live in a free society.

As a member of the Maine Senate, I experienced the power of nullification in action. In 2016, as Senate chairman for the Health and Human Services Committee, I gained bipartisan support in the Maine Legislature for “Right to Try” legislation, nullifying FDA policies restricting terminally ill patients from accessing potentially life-saving drugs. Only after 41 states had enacted Right to Try did Congress (perhaps seeking to maintain its own relevance) take action to pass the law nationwide.

The fight against cannabis prohibition — the most well-known nullification effort — began in the 1990s and continues today. After a half-century of failed efforts to repeal prohibition through Congress, cannabis advocates adopted a nullification strategy. Referendum majorities of California and Maine voted to disregard federal prohibition over medical cannabis. Federal politicians fumed, but twenty years later, 44 states have nullified prohibition for medical and/or adult use.

Nullification is also increasingly popular with Second Amendment advocates. In the last decade, states like Kansas and Missouri have passed the “Second Amendment Preservation Act,” nullifying federal gun control over firearms made, sold, and used within state borders. This year alone, more than a dozen additional states have considered proposals to nullify federal gun control, including Florida and Ohio.

If nullification can work for cannabis, guns, and life-saving drugs, why not war?

Twenty years in, Hillary Clinton and Condoleezza Rice say the bloodshed must continue, but few outside Washington see any point throwing more lives and treasure into the longest wars in American history. According to a 2021 national online survey from YouGov, majority of Americans — and two-thirds of veterans — support an immediate withdrawal from Iraq and Afghanistan. The American Legion, the largest veterans advocacy organization in the country, has called for ending the “forever wars. Congress, however, simultaneously beholden to war profiteers and afraid of their constituents, will neither end the wars nor vote to declare them.

This is why groups like Concerned Veterans for America are giving up on Congress and pursuing DTG legislation. The Pentagon is clearly threatened, and has assigned a two-star general to lobby against these proposals.

Constitutionally, these veterans are on solid ground. The president is only authorized to deploy the National Guard into combat abroad to “enforce the laws of the union,” but without a congressional declaration of war, there is no law of the union to enforce.

We have let Congress shirk its responsibility to our soldiers for too long. It’s time to nullify unconstitutional war.

Source: The Hill

  1. yuri says

    in bozoistan US congress funded $800,000 study to investigate effects of cocaine on sex lives of quails
    this explains why senile vegetable creating LGBT/BDSM military

  2. Ronnie says

    Every year a new US General takes over…why?
    It’s a damned live training programme.

    Senior Ranks experience, “Commanding a live theatre of war while coordinating NATO forces.”
    For their “promotion” slide into the Swamp HQ.
    No medals and zing-a ring ding, ding running around outside Fort Bragg or where ever.

    Topographic combat experience for the push into Russia’s back door and a second front into China.
    You gotta think a head man, it ain’t just the drugs, minerals and mountain scenery.

    There is a reason for everything they do. It’s either hidden deep or up front in your face…..the last place you would look either way.
    You have to admire they are very good at it. Just cannot win anything.

    Thank our lucky stars they can’t win or we would all be transgender LGBT; XYZ woke battalion hero’s over there, some where.

    1. XSFRGR says

      Russia/China know what the U$ is up to, and at some stage, without warning, they will obliterate our Evil Empire.

  3. ken says

    The constitution never mentions the National Guard,,, only the Militia… which is far different. The State Militias were eliminated (unconstitutionally) in the early 1900s and the national guard replaced them.

    Difference? The Militias were the Constitutions enforcer mostly controlled by the States and were limited to US soil. Every male 16 and older was the militia and received training and weapons. Today’s generations are so immature that they cannot even buy ammo unless their over 21 in some States.

    The National Guard is a function of the US Dept of Defense mostly controlled by the federale’s and is used around the world and at home for any purpose they want. It is not mentioned in the constitution except that an army can be created and funded for not more than 2 years.

    They have bastardized most of the Constitution and what was left they ignore it.

    It would be nice if ‘responsible’ States took some control but if one looks one can easily find the same tyranny taking place within the States. This last 18 months has surely
    witnessed that.

    Emergency proclamations were to assist and provide funding,,, NOT deprive rights and immunities guaranteed by the Constitution and other laws.

    Weed is one thing,,, controlling the military is quite another.

  4. kkk says

    Zionist mafia pulls the strings

  5. yuri says

    anyone that comprehends US politics is aware this is a delusion
    all US POLITICIANS corrupt and mostly liars (lawyers)–amerikans admire liars must vote for imperialism and war or be assassinated or removed by other means—US DOD=largest employer on planet and associated private fascists—raytheon, Lockheed, etc are well distributed across US congressional districts so as to insure loyalty to fascist policies. voting against jobs will remove a politician in US immediately….and without the military industry there is no economy in USA

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