Nullification Is Justice’s Jaws of Life
By ILANA MERCER
Planning for a show-down, a column of 1,500 Central Americans, largely from Honduras, has been beating a path to the Mexican-American border.
Some report that the column has been halted; others dispute that. Interviewed by Reuters in Mexico, a sojourning mother of seven—what are the chances none is an MS13 gangster?—signaled her intention to proceed to the US, if only to teach President Trump a lesson.
Yes, “Make America Great Again” to you, too, Colindres Ortega.
Organizers and participants in this farce aim, very plainly, to publicly demonstrate that the US doesn’t have borders. Led by anti-American agitators, the procession catalyzed the urgency of action to stop an ongoing invasion.
Whether it arrives or not, the caravan is a positive bit of theatre. For one thing, the actors are quite correct. The US doesn’t have borders. For another, the caravan vividly exposes the antagonists in this ongoing tragedy: our overlords in DC. All of them.
To narrow the indictment a tad, note the extent to which the Democrats and their news media have avoided mentioning or covering the caravan. At a time when Democrats are fielding populists like Conor Lamb (who won in Pennsylvania) and former rodeo champion Billie Sutton (he hopes to govern South Dakota)—the mess on the border damns them like nothing else.
It’s these villains who’ve agreed to laws that permit anyone—other than white South Africans—to arrive at that border, do their Les Misérables act, claim to face a “credible fear” back home, get a court date, and bolt like so many rabbits, to be seen again only at the voting booth, the welfare office, the DMV and at DACA demonstrations. They’re the malcontents holding up signs that read “America is racist.”
What all the veiled allusions to “catch-and-release loopholes in American immigration law” imply is this: Ostensibly, there’s no way to turn interlopers away once they plonk themselves on the US border, demand a translator and spin some yarn.
So far, President Trump has “signed a proclamation ordering the deployment of the National Guard to the border with Mexico.” This changes nothing. It remains illegal to defend the border by turning these particular trespassers away.
Other than stare these brazen people down, what will the National Guard do? Change diapers, as they did during the 2014 rush on the border?
Flash back more recently to January of 2016, when candidate Trump began alluding to “President Obama’s irresponsible use of executive orders” having paved the way for him, Trump, to also use them freely if he won the presidential race.
“Amen,” I said at that time—provided Trump uses executive power to repeal lots of laws, not make them.
After all, we live under an administrative “Secret State.” Very many, maybe most, of the laws under which Americans labor need repealing. The only laws that should be naturally inviolable are those upholding life, liberty and property, for those are natural rights.
Candidate Trump had gone on to promisingly proclaim that, “The one thing good about executive orders [is that] the new president, if he comes in – boom, first day, first hour, first minute, you can rescind that.”
All of which speaks to a broader truth: There is nothing sacrosanct about every law imposed by an overweening national government and its unelected agencies. “At the federal level alone,” the number of laws totaled 160,000 pages,” in 2012. By broadcaster John Stossel’s estimation, “Government adds 80,000 pages of rules and regulations every year.” (How long is the Constitution?) According to the Heritage Foundation, “Congress continues to criminalize at an average rate of one new crime for every week of every year.”
America has become a nation of thousands-upon-thousands of arbitrary laws; whose effect is to criminalize naturally licit conduct. Rather than uphold individual rights, most positive law (namely statutory, man-made law) regulates or criminalizes the business of life.
Laws passed in violation of the natural rights of the people, and by altogether skirting the will of the people’s representatives, need to be nullified. Like the laws making it illegal to repel unwanted invaders, who intend to wage welfare on their hosts, and sometimes worse.
Executive orders, President Trump has issued galore. But relatively few pertain to stopping the invasion ongoing. Needed are executive orders that sunder laws dictating that invaders-cum-“refugees” are to be processed rather than expelled.
Let the president suspend the scam that is the United States Refugee Act. Subject to review, yada-yada-yada. Let the president untether the US government from the Trojan Horse and shake-down scheme that is the United Nations Convention relating to the Status of Refugees. Again, subject to blah-blah-blah.
In working on behalf of refugees worldwide, private American charities dwarf the US government. Private non-profits do what they do unobtrusively, ethically, with minimum overheads and personnel. They don’t rely on confiscatory taxes! Most importantly, charities disburse aid and empower refugees without entering into agreements and entanglements with supranational bureaucracies, a thing that serves to indenture and endanger Americans, stateside.
In this post-constitutional era, nullification of unjust laws through executive orders is what’s necessary. It’s inevitable that correctives to the corrosive, self-sustaining, intractable actions of the state take the shape of action and reaction, force and counterforce in the service of liberty.
In this unfortunate but inescapable scheme of things, nullification is justice’s Jaws of Life, properly considered a political power tool to pry the people free of bad laws.
Ilana Mercer has been writing a weekly, paleolibertarian column since 1999. She is the author of “Into the Cannibal’s Pot: Lessons for America From Post-Apartheid South Africa” (2011) & “The Trump Revolution: The Donald’s Creative Destruction Deconstructed” (June, 2016). She’s on Twitter, Facebook, Gab & YouTube