TAMPA, December 2, 2012 – For libertarians, the reemergence of ideas like secession and state nullification couldn’t be more welcome. Both are attempts to resist the exercise of arbitrary power, which is power never delegated to the party attempting to exercise it. They should remain the last resort for free people to resist tyranny.
The problem with both remedies is that they provoke confrontation with the federal government. That doesn’t mean they aren’t legitimate tools, but they play into the government’s hands. The government loves war and domination. State nullification and secession give the government the opportunity to employ both.
Using the state government to resist unconstitutional federal laws pits one government against another. Ultimately, it can lead to an armed confrontation between state and federal agents, each attempting to enforce their respective laws. For peaceful freedom lovers, it’s an away game.
Secession brings with it even higher stakes. Although secession is not rebellion, as the seceding state is not attempting to overthrow the existing government, the federal government will say it is. History has taught us that enough people will believe it that the government can justify a war. Like nullification, it’s also an away game.
Jury nullification gives us the home court advantage. There is no enemy that the government can fight its war against. There is no opportunity for violence because none of the government’s edicts are technically violated. Its own rules call for “a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.”
Fine. The trial was held. The defendant was acquitted. Go pound sand.
History supports this argument. When South Carolina’s state government nullified the Tariff of Abominations in the 1830’s, Democratic President Andrew Jackson threatened to invade the state. When the southern states peacefully seceded in the 1860’s, Republican President Abraham Lincoln did invade.
The results have been different for jury nullification. If you’re drinking a beer or enjoying a glass of wine while reading this article, you’re safe from government goons breaking down your door to a large extent because of widespread jury nullification of Prohibition during the 1920’s.