Gun Control & State Sovereignty - Cliff Sloan

  • Aired:  01/29/13
  •  | Views: 20,950

The former associate White House counsel describes past nullification efforts during the Civil War and Brown v. Board. (4:08)

SHRIMP ARE DONE MATING ON HIS UPPER LIP.

[ LAUGHTER ]

FOLKS, EACH STATE PICKING AND CHOOSING WHICH LAWS TO OBEY FINALLY REALIZES THE VISION OF

OUR FOREFATHERS.

AS LINCOLN SAID, "A HOUSE DIVIDED AGAINST ITSELF-- SOUNDS FUN! WHAT'S THE WORST THAT COULD

HAPPEN?"

[ LAUGHTER ]

HERE TO TELL ME THE WORST THAT COULD HAPPEN IS FORMER ASSOCIATE WHITE HOUSE COUNSEL AND

CO-AUTHOR OF "THE GREAT DECISION: JEFFERSON, ADAMS, MARSHALL, AND THE BATTLE FOR THE

SUPREME COURT," CLIFF SLOAN.

FRIEND OF THE SHOW.

CLIFF, THANKS SO MUCH FOR COMING BACK.

[CHEERS AND APPLAUSE]

YOU GOT THE BOOK HERE.

"THE GREAT DECISION" YOU KNOW WHAT YOU ARE TALKING ABOUT.

THERE'S THIS WORD I HEAR TOSSED AROUND AND STATES SAYING WE'RE NOT GOING TO OBEY THE FEDERAL GOVERNMENT.

THEY CALL IT NULLIFICATION.

WHAT IS THAT?

IS IT A LEGAL TECHNOLOGY I DON'T KNOW ABOUT?

>> NULLIFICATION IS WHEN STATE AND LOCAL GOVERNMENTS SAY A FEDERAL LAW IS NULL AND VOID

BECAUSE IT'S UNCONSTITUTIONAL AND SO THEY ARE NOT GOING TO FOLLOW IT.

>> Stephen: THIS IS A SETTLED PRACTICE.

IT HAPPENS ALL THE TIME.

>> IT'S HAPPENS AND IT HAS AULD FAILED.

>> Stephen: WHAT DO YOU MEAN?

WHEN?

>> THE CIVIL WAR WAS ONE EXAMPLE.

>> Stephen: ANYTHING ELSE?

ONE LITTLE EXAMPLE, HOW IS THE CIVIL WAR TIED TO THESE KIND OF LAWS?

>> WELL, BECAUSE THE STATES -- THE SOUTHERN STATES SAID ERIC WITH DON'T HAVE TO FOLLOW WHAT

THE FEDERAL GOVERNMENT, WHAT LINCOLN IS GOING TO SAY IN TERMS ABOLISHING SLAVERY.

IT'S NULL AND VOID AND THEY TOOK IT A STEP FURTHER AND IS A SEEDED.

AFTER BROWN VERSUS BOARD OF EDUCATION, THE SOUTHERN STATES PASSED NULLIFICATION AND THEY

HAD TO SEND TROOPS TO ARKANSAS TO ENSURE THE FEDERAL LAW.

>> Stephen: WHERE DO THE STATES GET OFF?

WHEN DOES THE STATE IN THE CONSTITUTION THAT THE FEDS CAN TELL THE STATE WHAT'S TO DO?

>> ARTICLE 6 IN THE --

>> Stephen: OKAY, OKAY QUICK DRAW MCGRAW OVER THERE.

THE TENTH AMENDMENT SAID IFING SOMETHING IS NOT SPECIFICALLY COVERED THE RIGHT GOODS TO THE STATES.

MAYBE NULLIFICATION IS SAY SPECIAL RIGHT.

>> IF YOU THINK THERE'S A CONSTITUTIONAL VIOLATION YOU FILE SUIT IN COURT.

AS THE SUPREME COURT SAID IN STEPHON MARBURY VERSUS MADISON THE SUPREME COURT SAID.

>> Stephen: THE SUPREME COURT SAID THE SUPREME COURT SAYS WHAT IS CONSTITUTIONAL.

>> THAT'S EXACTLY RIGHT.

>> Stephen: HOW CONSCREENENT IT'S CALLED ACTIVITY JUDGES RIGHT THERE.

>> IT'S CALLED ARTICLE 3 OF THE CONSTITUTION BECAUSE ARTICLE 3 SAYS THAT THE JUDICIAL POWER OF

THE UNITED STATES RESTS IN THE SUPREME COURT AND THE OTHER FEDERAL COURTS.

>> Stephen: THERE'S NOTHING IN THE CONSTITUTION THAT SAYS THE CONSTITUTION IS CONSTITUTIONAL.

CHECK AND MATE!

[ LAUGHTER ]

>> WRONG AGAIN.

>> Stephen: OKAY.

>> WRONG AGAIN BECAUSE THE SUPREMACY CLAUSE SAYS THAT THE CONSTITUTION AND THE LAWS OF THE

UNITED STATES ARE THE SUPREME LAW OF THE LAND.

IT'S RIGHT THERE IN THE CONSTITUTION.

>> Stephen: THE STATES SHOULD PASS A RATIFIED NEW AMENDMENT THAT SAYS BE IT KNOWN YOU ARE

NOT --

>> IF THEY DID THAT IT WOULD BE UP TO THE FEDERAL COURTS COURTS TO INTERPRET IT.

>> Stephen: WILL THERE BE TROOPS IN TENNESSEE TELLING LOCAL SHERIFFS TO ENFORCE THIS LAW?

>> THAT'S NOT GOING TO HAPPEN?

THIS IS RHETORIC.

THEY HAVE THE EXECUTIVE ORDERS.

ONE OF THE EXECUTIVE ORDERS CALLS FOR A DIALOG ON MENTAL HEALTH.

>> Stephen: THE FEDERAL GOVERNMENT CANNOT COME IN WITH JACK BOOTED DIALOGGERS AND TALK

ABOUT THINGS WE DON'T WISH TO CONSIDER.

>> IF YOU WANT TO OBJECT TO THE DIALOG FILE A SUIT.

CAN I RECOMMEND LAWYERS TO YOU.

>> Stephen: I BET YOU CAN.

>> AND BRING A CASE YOURSELF.

>> Stephen: CLIFF THANKS SO MUCH FOR JOINING ME.

I'LL BE CALLING THE LAWYER.

CLIFF

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