Rhode Island’s Nullification

Rhode Island’s Nullification

Thomas Allen

Recently, Rhode Island enacted a law prohibiting US Immigration and Customs Enforcement (ICE) agents from operating near polling places in Rhode Island. Naturally, many people strongly object to this Rhode Island law. Some even urge the arrest of the legislators who voted for the law, the governor who signed the bill into law, and any State and local official who attempts to enforce it.

Unfortunately, Rhode Island enacted this law not because it thought ICE was acting unconstitutionally in enforcing the immigration laws. Likely, it enacted the law as a protest against President Trump. Nevertheless, regardless of its motivation, does Rhode Island have the right to nullify a federal law and its enforcement?  Under the Constitution that the Founding Fathers gave the country, the answer is “yes.” (Nowhere does the Constitution deny this right to the States, and therefore the Tenth Amendment reserves it for the States. Also, Article IV, Section 4 guarantees this right.) However, under the Constitution that Lincoln gave the country, the current Constitution, the answer is “no.” (States  have only those rights that the federal government condescends to allow them.)

Whether a State can nullify a federal law within that State depends on whether a State is sovereign. If a State is sovereign, it has the right to decide for itself whether its agent (the federal government) is complying with the compact (the US Constitution) of which it is a member. Consequently, Rhode Island has the right to determine the constitutional limits of the federal government's enforcement of immigration laws. If a State finds that the federal government is acting unconstitutionally, it not only has the right, but also the duty, to nullify or otherwise intervene to prevent such unconstitutional acts or actions. At least this is true if sovereignty resides in “we the people” of each State independently of all other States, as Jefferson and nearly all the other founding fathers claimed. However, if, like Lincoln, the opponents of Rhode Island’s interposition believe that a State does not have this right, then the States are not sovereign, and sovereignty resides in the oligarchs who control the federal government. Like Lincoln, they seem to believe that States have only those rights that the federal government condescends to grant them. (The Lincoln Constitution reduces the States to administrative districts of the federal government. [Lincoln’s War was not a war between the States; it was a war  against the States.])

(Vermont nullified a federal law that was clearly constitutional merely because it disliked the law. Not only did it nullify the law, but it also authorized the arrest and jailing of any federal agent trying to enforce it. [See “Nullification and Fugitive Slave Laws” by Thomas Allen.] However, Vermont was acting under the Constitution of the Founding Fathers and not the Constitution of Lincoln [For the differences between the two, see “What Is Your View of the US Constitution?” by Thomas Allen.])

Opponents of nullification argue that federal courts should resolve the issues between a State and the federal government. However, this is an extremely poor solution. Being part of the federal government, federal courts are not impartial arbitrators between the States (the creator) and the federal government (the creation of the States). (See “Analysis of When State Resistance Meets the Constitution” by Thomas Allen.)

If a State lacks the right to nullify a federal law, it is not sovereign. If it is not sovereign, it does not have a republican form of government, although it may have a governmental structure that appears to be republican. Only a sovereign can have a republican form of government. Only a sovereign can be a republic. Therefore, a State must be sovereign to have a republican form of government.

Furthermore, Article IV, Section 4 of the Constitution guarantees that each State has a republican form of government. Thus, if a State lacks sovereignty, the Constitution is being violated. (See “Returning Republican Governments to the States” and “Republican Form of Government” by Thomas Allen.)

Would the people who oppose Rhode Island enacting a law that interferes with the enforcement of the federal immigration law also oppose a State interfering with the enforcement of a federal law that they despise and urge the arrest of State officials for enacting and enforcing such a law? They would if they are consistent and believe, as Lincoln did, that the United States is a consolidated national empire instead of a federation of sovereign nations, as nearly all, if not all, of the Founding Fathers thought. (See “False States’ Rights” by Thomas Allen.)

Personally, I disagree with Rhode Island on this immigration issue and believe that federal agents have the right to apprehend illegal immigrants at polling places. However, that is an issue for “we the people” of Rhode Island, as represented by their legislature in this instance, to decide, and not for me, the federal government, or anyone else to decide.

(For more about States' rights, nullification, and the Constitution, go to https://tcallenco.weebly.com/political.html.)

Copyright © 2026 by Thomas Coley Allen.

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Republican Form of Government

Republican Form of Government

Thomas Allen

Article IV, Section 4 of the US Constitution, guarantees each State a republican form of government.  Ty Bodden describes the attributes of a republican form of government in “Restoring a Constitutional, Republican Form of Government: States Push Back Against Direct Democracy and Bureaucratic Rule,” January 16, 2026 (https://thenewamerican.com/us/restoring-a-constitutional-republican-form-of-government-states-push-back-against-direct-democracy-and-bureaucratic-rule/).

Each State should be a constitutional republic with a republican government. A republican government is “grounded in constitutional limits, representative lawmaking, and the rule of law.” It “requires clear lines: Legislatures make the law, executives execute it, courts interpret it.” Moreover, a “republican government demands transparency and public accountability — not self-perpetuating appointment systems.”

A constitutional republic is governed “by law, exercised through elected representatives, with safeguards that protect God-given rights against both mob passions and unelected bureaucrats.” Thus, States “ have a duty to structure their institutions in ways that preserve representative lawmaking, checks and balances, and protections from majoritarian tyranny.”

Under a republican government, “major policy decisions remain accountable to the people through their elected representatives.” Legislators cannot evade their responsibilities by delegating legislative authority to executive boards and commissions. Consequently, unelected rulemaking boards and commissions are incompatible with a republican government. If they exist at all, rulemaking “administrative bodies must remain subordinate, not function as a fourth branch.” 

The purpose of a constitution is “to restrain government and protect rights.” Bodden notes, “A constitution is not meant to be a running policy notebook, rewritten whenever a slim majority is persuaded by slick advertising.” Thus, it should not be changed on a whim of a bare majority, or else “liberty becomes temporary and rights become negotiable.”

Consequently, amending State constitutions should require a supermajority, e.g., 60 percent. State constitutions should not allow amendments through ballot initiatives. Furthermore, the amendment process should require more than just a statewide majority. It should also require majorities in various districts throughout the State, e.g., congressional districts. Such requirements ensure that the amendment has broad support. If both of these approaches are combined, which Bodden does not do, before an amendment becomes part of the constitution, it would need 60 percent of the vote statewide and would have to receive a majority vote in each congressional district or, alternatively, in two-thirds of the districts.

Bodden concludes, “Will states be governed as republics, under the rule of law, or as democracies, under the whims of shifting majorities and unelected managers? A republic restrains power to protect the people. A democracy too often unleashes power — first against the minority, and eventually against everyone.”

Bodden fails to address two important issues. One is that today the States are not republics and cannot become republics; therefore, they cannot have a republican form of government merely by making the changes that he recommends. The other is the electorate.

As a result of Lincoln’s War and the Fourteenth Amendment, no State today is a republic (See “Before and After” by Thomas Allen). Although the governments of the States appear to be republican in form, they are not. Only a republic can have a republican form of government (see “Returning Republican Governments to the States” by Thomas Allen).

For a State to have a republican form of government, a State must be a republic. Before a State can be a republic, it must be sovereign, and as a sovereign, it is the final judge of the constitutionality of acts of the federal government. In other words, before a State can have a republican form of government, it has to have the right, duty, and power to nullify any federal act that it finds unconstitutional and has the right and power to enforce the nullification, including jailing any federal agent trying to enforce the nullified law, as Vermont did when it nullified the fugitive slave law (see “Nullification and Fugitive Slave Laws” by Thomas Allen). Until States regain their sovereignty, they cannot have a republican form of government.

Who is the electorate of a State? It is “we the people” of that State, i.e., it is the body politic that ultimately wields political power (see “Meaning of ‘We the People’” by Thomas Allen). Today, almost anyone more than 18 who breathes is part of the electorate. (As Landslide Lyndon in 1948 and Biden in 2020 have shown, even dead people are part of the electorate.)

When the US Constitution and the constitutions of the original States were ratified, the electorate was limited to people who had a vested interest in the community. That is, only White males who owned a minimum amount of real property were members of the electorate. During the Jacksonian Era, most White males more than 21 received the vote. The Fifteenth Amendment extended voting to Black males, and the Nineteenth Amendment gave women the vote. The Twenty-fourth Amendment removed the requirement to pay taxes, and the Twenty-sixth Amendment lowered the voting age to 18. (Every time suffrage was expanded, liberty declined.)

An important component of returning a republican form of government to the States is to restrict suffrage to people who have a vested interest in the community. Only people who own a minimum amount of real property or pay a minimum amount of direct taxes (property, income, and capitation taxes) would have the right to vote and be part of the body politic.

Most States already have the governmental structure in place to have a republican form of government. What they are lacking is the sovereignty of “we the people” and restricting “we the people” to those who have a vested interest in the community.

Copyright © 2026 by Thomas Allen.

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