Author Archive | Derek Sheriff

Answering Objections to Nullification

On May 17th, Arizona Tea Party activist, Steve Weston, was interviewed on a Blog Talk Radio show called,  Crossroads with Van.  I hope you will check out the show and tune in often!

This particular interview introduced the topic of state nullification and addressed the question of whether its use is constitutional or not.

I wanted to appear on the show as the other guest, in order to champion nullification, but unfortunately, my work schedule did not permit it. However, you can listen to the entire interview by clicking HERE. And you can also listen to a previous debate between Steve Weston and Professor Kevin R.C. Gutzman by clicking HERE

Part 1

This is the first in a series of blog posts meant to clarify some of the issues raised in the interview, to correct some of the errors that Mr. Weston made concerning the history of nullification and to share some observations and insights that I gained from listening to the interview.

Who’s the Authority?

At the beginning of the interview, Mr. Weston mentioned that he considered Thomas Jefferson and James Madison to be the two most authoritative writers on the subject, with Madison’s writings carrying the most weight, in his opinion.

While I agree that Jefferson and Madison were two of the most important figures when it came to articulating and clarifying the doctrine of nullification  (what would eventually come to be known as the Principles of ‘98), I would like to point out that arguments in favor of nullification go all the way back to the ratification debates (especially in Virginia), and were instrumental in persuading those opposed to the Constitution’s ratification.

Also, a number of other brilliant, although younger patriots, whose lives overlapped with those of Jefferson and Madison’s, were also important champions of nullification. Their insights and arguments concerning the nature and character of the Union need to be considered as well. The arguments I’ve always made in favor of state nullification have never been based on the ideas or writings of one, or just a few, founders, framers or ratifiers. One has to to look at the big picture, and listen to the many voices that were all part of this long debate, both before, during and after the Constitution’s ratification.

But back to the radio interview… Continue Reading →

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He’s Not Your Commander In Chief, Dennis Miller!

While watching The O’Reilly Factor on Fox News recently, I heard Dennis Miller say to Bill O’Reilly that President Obama is “my commander in chief.”

Ummm…no he’s not Dennis.

Now someone might accuse me of being hypercritical, but I assure you, I’m not trying to slam Dennis Miller. However, his statement really bothers me and it should concern everyone, because it reflects both widespread ignorance of the Constitution and the increasing militarization of our society. Americans are witnessing an unprecedented expansion of Executive power and it’s critical that we understand precisely what the President’s constitutional role as commander in chief is.

If you’re a civilian, the President is not your commander in chief. If you’re in the National Guard, he’s not your commander in chief either, unless and until your unit  is federalized. But what about the regular Army and Navy?

Article. II. Section. 2. Clause 1of the Constitution states:

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States

However Article I gives Congress and not the President the authority to declare war. Unless it is to repel a sudden attack against the United States, presidents have no authority whatsoever to deploy troops without prior Congressional authorization in the form of an explicit declaration of war.

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Meet the Founding Fathers of Constitutional Subversion

Before the ink used to draft the new Constitution was even dry, the plot subvert it had already been hatched…Dr. Thomas DiLorenzo introduces you to the the primary conspirators.

 

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Dan Casey Betrays His Ignorance While Ranting About Tenthers’ “Flawed” Arguments

Casey’s central argument against what he views as our misreading of the Constitution, betrays both his ignorance of the history surronding the Constitution and the rules of legal interpretation that were understood very well by the those who framed and ratified it.

Both James Madison (the author of the amendment Casey uses to make his case), and Alexander Hamilton, had serious reservations about a Bill of Rights. Why? Because they argued what Tenthers today understand — that the Constitution created a federal government of strictly limited powers. That’s the reason pro-ratification founders, like Hamilton, expressed concern that the Bill of Rights: Continue Reading →

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Splitting Arizona: Support grows for 51st state

Outraged over efforts in the Arizona State Legislature to nullify unconstitutional federal commands and prohibitions, a growing number of Pima County residents and even a few of their state legislators are proposing that they be permitted to break away from the rest of Arizona in order to form their own state. If they are eventually successful, Tucson would almost certainly be it’s capital city.

I’ve been saying that this is what needs to happen for more than a decade. Perhaps a majority of the people who reside in what is known to be the more left-leaning, southern parts of our state, have long been fed up with the north’s social and fiscal conservatism. Now they are completely outraged over our movement to nullify every last federal act that a majority of our state legislators deem to be unconstitutional, but which they consider to be perfectly within the sphere of legitimate federal power. Continue Reading →

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Bill Would Give Arizona Legislative Committee Power To Nullify Unconstitutional Federal “Laws”

Fairly decent coverage of the debate over Arizona SB 1433 was provided by Cronkite News recently. I’d say it’s not nearly as biased as the usual media reports.

Arizona State Senator Gallardo however, obviously doesn’t understand state nullification. He thinks it’s about nullifying parts of our Constitution that we don’t like? No Senator! That’s what our so called “federal” government does every day!

State nullification is about states supporting and defending the parts of the Constitution that the usurpers in Washington, DC don’t seem to like, such as the 9th and 10th Amendment!

Also, what reporter Kylee Gauna doesn’t seem to understand is that any Supreme Court Decision that interferes with SB 1433 will also be nullified by the people of Arizona and their state officials, if we deem it to be unconstitutional . Why? Because it’s the Constitution, according to its original meaning (which is both fixed and knowable), that is the Supreme Law of the land and the measure of all federal power, not the Supreme Court’s opinion.

I encourage everyone to watch this YouTube video, leave an intelligent comment and share it with as many people as possible!

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Are You Gonna Bark All Day, Little Doggie? Or Are You Gonna Bite?

Less than a year ago, I invited an outspoken critic of state nullification, State Senator Jim Whelan of New Jersey,  to debate New York Times best selling author, Thomas E.Woods Jr. on my Blog Talk Radio show.

Tom Woods was ready and willing, but not surprisingly, even after attempting to reach Sen. Whelan by phone and email several times, the only response to the challenge I ever got was a generic form letter from his staff… Why am I not surprised?

If anyone knows for a fact that Sen. Whelan didn’t just chicken out (maybe his staffers just deleted all my emails and voice mails accidentally), please let me know ASAP. I’ll recontact him tomorrow. Otherwise I will just assume he wasn’t up to the challenge.

Now fast forward to February, 2011. A blogger from VA has made the gratuitous assertion that “The Whole Tenth Amendment Business is Dumb and Crazy.”

Not content to simply disagree with the Tenthers and argue against our ideology using well reasoned arguments,  Dan Casey thinks it necessary to insult our intelligence by calling us “intellectual boobs”, question the integrity of our leadership and associate our movement with 19th century slaveholders. What a zombie

Well guess what? Just like NJ State Sen. Jim Whelan, I’ve challenged him to debate a representative from the TAC, and I’ve given him at least three very flexible options:

1. A debate via recorded conference call.
2. A debate on a live streaming internet radio program.
3. A text based email debate.

Will he accept the challenge? I seriously doubt it. But you can give him some encouragement by sending him an email.

I’ll keep you posted…

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Interposition at San Francisco International Airport

Is interposition a duty for local, as well as state government officals?  Whether he uses the word interposition or not,  current chief deputy DA and incoming DA of San Mateo County, Steve Wagstaffe  is just doing it.

He has stated that he will prosecute TSA employees if it can be proven that it they are involved in inappropriate touching with a lewd or sexual intent when they frisk passengers who opt-out of the X-rated … um, I mean X-ray scans. In fact, sheriff’s deputies will be sent into airports to keep an eye on TSA employees.

Watch it:

Any local official who has taken an oath to support and defend the Constitution of the United States would seem to have a duty to interpose on behalf of the People whenever it comes to their attention that the individuals who are pleased to call themselves our federal government, are ignoring or trampling on the Bill of Rights.

Party politics and any other partisan issues aside, when a person holding a position of public trust interposes to support and defend the constitutionally guaranteed rights of citizens, they deserve recognition and praise for their actions.

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Thank a Veteran Today by Introducing Them to Oath Keepers!

Oath Keepers is a non-partisan association of currently serving military, reserves, National Guard, veterans, Peace Officers, and Fire Fighters who will fulfill the Oath we swore, with the support of like minded citizens who take an Oath to stand with us, to support and defend the Constitution against all enemies, foreign and domestic, so help us God. Our Oath is to the Constitution!

Our motto is “Not on our watch!”
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I Voted to Contain Washington, DC!

Who we elect to represent us in Phoenix, Austin, Nashville and countless other state capitals across the country is FAR more important than who we elect to represent us in Washington, DC.  The bad news is that the federal government can’t and won’t be reformed anytime in the near future. Even if Tea Party candidates and others dedicated to upholding the Constitution were to make up more than one quarter of the seats in Congress, (which will never happen) they would still be a small minority fighting an uphill battle. Forget the fact that for every 750,000 Americans, there is only 1 person in Congress to represent them. Is that what you would call meaningful representation? Hardly.

The good news is that states don’t have to obey unconstitutional federal legislation forced upon them and the disappointment we are sure to experience between now and next year is a great opportunity for us all to get real! When it comes to the overlords who rule us from Washington, DC, I urge you to consider the idea that it may be time to switch from a policy of regime change to a policy of containment. That policy of containment is called NULLIFICATION!

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