False States’ Rights
Thomas Allen
During the Clinton and Obama administrations, left-wingers wanted State officials to enforce federal anti-gun laws — even using force if necessary to coerce the States to enforce federal laws when bribery (federal grants) and extortion (withholding federal grants) failed. On the other hand, right-wingers strongly objected to States enforcing federal gun-control laws and claimed that States were not obliged to enforce federal laws. The Supreme Court agreed with the right-wingers.
Now, the left-wingers and right-wingers have switched positions. Under the Trump administration, right-wingers want State and, by extension, local officials to enforce federal immigration laws or at least be required to aid federal officials in enforcing federal immigration laws. They approve of the federal government using bribery or extortion to reward or punish States for enforcing and aiding in the enforcement of federal laws. Left-wingers object and assert that State and local officials do not have to enforce or aid in the enforcement of federal immigration laws.
Although both sides give lip service to States’ rights, neither believes in nor supports States’ rights. Both reject the notion that the United States is a federation of independent sovereign republican States. Both support the notion that the United States is a consolidated national empire with the States serving as administrative districts.
If they believed in and supported States’ rights, they would support States refusing to enforce federal laws, regardless of the law. Moreover, they would object to coercing States to enforce federal laws, even with bribery or extortion. (Extortion, i.e., withholding federal grants if a State fails to enforce a federal law, is a favorite weapon to compel a State to enforce a federal law.)
Moreover, if they believed in States’ rights, they would support the right of “we the people” of each State to declare through their legislature or special convention, whether a federal law is constitutional. If a State (“we the people”) finds that a federal law is unconstitutional, it could and should nullify that law and make it unenforceable in that State and even jail federal agents who tried to enforce the nullified law. (Governors and city and county officials do not have the right to nullify federal laws; however, they may refuse to enforce or aid in the enforcement of federal laws unless a State law requires them to enforce or aid in the enforcement of federal laws.)
People who oppose a State’s right to nullify a federal law that they support oppose States having a republican form of government as guaranteed under the Constitution.[1] (see “Returning Republican Governments to the States” by Thomas Allen). Moreover, they oppose sovereignty residing in “we the people” of each State. Consequently, they support sovereignty residing in the oligarchs who control the federal government.
Endnote
1. As explained in “Returning Republican Governments to the States,” for a State to have a republican form of government, it has to have the right to decide for itself whether a federal law is constitutional or unconstitutional. If it finds that a federal law is unconstitutional, it has not only the right but also the duty to nullify that law and make it unenforceable in that State.
Copyright © 2026 by Thomas Coley Allen.
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