Refuting the Arizona Checks and Balances in Government Initiative

This morning I was approached by a man attempting to obtain signatures for a voter initiative being considered here in Arizona.  The voter initiative was the "Checks and Balances in Government" initiative (see http://checksandbalancesaz.com/for more information).  He explained to me that this initiative would basically amend the state constitution to allow citizens of Arizona to nullify those federal laws that they had determined to be unconstitutional.  

While I share his frustration with a federal government that seems bent on overreach, I informed the man that I would not sign his petition as I did not believe in his cause and sent him on his way.  At the time I knew I could not and would not support this initiative but I didn't quite have the words to express why.   I would like to take a few minutes to offer my rebuttal now that I have had some time to think about it.  

I would like to preface my argument by saying that I am a staunch conservative.  I know that the term conservative is a loaded term fraught with many meanings nowadays, so I will define what I mean by conservative.  My definition of conservative is any person who strictly adheres to the clear meaning and interpretation of the U.S. Constitution.  

What does this mean?  This means that I believe in a federal republic.  This means that I believe in system of checks and balances crafted by the Founding Fathers.  This means that I believe that when questions of the validity of a law arise, they are to be settled in a lawfully  defined manner, namely to take it to the courts or to amend the U.S. Constitution.  

That being said, the Constitution is my measuring stick, and by my understanding of the Constitution, this initiative doesn't cut the mustard.  

Let's first look to the reason the Constitution was written.  Immediately following the Declaration of Independence, the Founding Fathers passed the Articles of Confederation.  The Articles of Confederation were drafted in 1776, ratified by the states in 1781, and was in effect until it was superceded by the Constitution in 1781.  

These were the laws that governed our nation during the Revolutionary War and immediately thereafter.  They were horrendous.  George Washington saw firsthand the weaknesses of the Articles of Confederation.  He found that the Continental Congress had no power to coerce the states to provide for the regular army.  Rather, he found himself relying on the mercy of a few supportive governors who provided the vast amount of supplies to the Army.  After the war, the states had no ways of paying their debts, they levied taxes and tariffs on each other, attempted to engage in treaties that would provide local benefit but would divide the union of the states.  

Hence, in 1787 George Washington and delegates from the several states convened the Constitutional Convention that drafted the system of government that we now follow.  The Founders drafted a system in which the national government held broad, but enumerated powers of the state governments.  I challenge any supporter of this initiative to read not only the Constitution, but the Federalist papers to understand the context in which the Constitution was written.  

The Founding Fathers made it clear that the national government is the head of the state governments.

"The Congress shall have the power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or any particular state."  -- Article 4, Section 4, U.S. Constitution.  

This is not to say that the states ceded absolute authority of legislation to the federal government.  The powers of Congress are clearly enumerated in Article I of the Constitution, and this limitation on the power of the federal government is reinforced in the IXth and Xth Amendments.  

Supporters of the Checks and Balances movement would have you believe that the IXth and Xth Amendments authorize the states to nullify federal law.  No where in these two Amendments does it say that a state has the right to ignore federal law.  

Rather, the Founding Fathers vested judicial powers in the Supreme Court and the various courts that Congress ordains.  Judicial power is the power to interpret and apply the law as it is written, and to determine how the law is to be applied in matters of dispute.  

Short of taking a case to the courts, we can also amend the Constitution, or pressure our legislators to strike down a law which has been previously passed.  These are the appropriate forums for challenging a law which seems to violate the precepts of the Constitution.  

Passing this initiative will not solve the problems with the federal government.  What we need are informed, vigilant citizens who are willing to keep abreast of the issues and participate in the system.  We need to understand our system of government, keep an active dialogue with our elected officials, order our state officials to challenge contentious laws in court, and above all else vote.  

To those who are considering whether they would or would not support the Checks and Balances initiative, I would ask you to be very cautious of what you sign.  I too am frustrated when the federal government overreaches the powers enumerated within the Constitution.  But you can't argue for the supremacy of the Constitution by circumventing the very system that it lays out.  You can't advocate for the rule of law by destroying it.  

Honor Your Father and Mother (Part 2. . . Pa)

Mothers and fathers are two sides of the same coin.  They usually possess differing strengths that added together, form a complementary whole.  My mother and father were no different. 

While my mom was the loving nurturer, my dad was the disciplinarian, the instructor.  This is not to say that my dad didn’t love us.  Both my parents loved my sister, brother, and I; there was just a difference in how that love is expressed.  For it was out of a great love for us that my dad took on the role of disciplinarian and instructor. 

As a young child, dad was the heavy hand.  If we got into “real trouble” it was usually dad who handled it.  He was the one who dispensed the spankings for big time offenses.  He delivered the lectures.  He was the one who grounded you.  When I was little, there was no greater threat that could be delivered than the infamous, “You wait till your father comes home!!!”  I think that phrase probably sends shivers down the spine of every child. 

So at a very young age, he was the one who taught us that our actions have consequences.  We learned in a very simplistic way what was right and what was wrong.  If you do right, you avoided negative consequences.  If you did wrong, there was hell to pay.  Choose rightly young man. 

As I got older though, the disciplinarian mixed with the roles of coach and mentor.  In middle and high school I had big dreams, but not really the skills or motivation to achieve them.  It was my father who pushed me harder than any person could.  When I slacked off, he pushed me harder.  Sometimes it made me hate him.  Why can’t he let up?  Why does he have to push ALL the time?  He drove me to frustration.  He was a hard task-master at times.

 He was relentless when it came to my grades, my sports, and my life.  I remember coming home every day from school and having to go through the inquisition.  The daily litany of questions:

“What did you do at school today?”

“What did you learn in class today?”

“How was wrestling practice?”

“Did you run when you got home?” 

“Did you talk to so and so?”

There seemed to be a million questions.  It was frustrating.  He was always there. 

Then again, he WAS always there.  Every karate tournament, every wrestling match, every volleyball game, every report card.  He was hard on me often; he pushed me; he was lean with praise.  But he was always there with tips and advice on how to get better, to hone that edge.  When he did dispense praise, it truly meant something.  There was no higher honor than to hear my father say, “I’m proud of you son.”   

He also had another side to him.  I remember growing up, hearing all my dad’s funny stories about when he was a hot-headed young man, more focused on partying than pushing himself.  While they were hilarious stories, they had a message.  Learn from my mistakes son.    

When I wasn’t sure how to achieve my goals, he helped me figure it out.  He took the time to discuss values with me, and explain to me why they were important.  In time, I grew to have the skills to achieve what I wanted, I learned to motivate myself rather than depend on others, and I learned how to make decisions and live my life directed by values and not whims.  These things became my own.  I learned to be the master of my own life, and accept responsibility for it.  Choose rightly young man.  But if you fall, learn to pick yourself up and move on.

Then, when I became a young man, out on my own, his role again changed from the hard-driving coach to a valued and trusted friend.  He was there when I was a young man at West Point, or a young officer, or a young father.  He leant me his ear whenever I needed it.  He received calls more than once at 2am and heard me out on something that was bothering me.  He received letters from war zones.  Sometimes he just listened, other times he offered his advice, other times he encouraged or chastised as I needed.  Choose rightly young man.  But if you fall, learn to pick yourself up and move on.  Either way, your dad loves you.

Now as a father of two young children, I look to him for advice and his example. 

What was it that dad did that was so extraordinary to me?  He loved me enough to take the hard way over the easy course.  He did the uneasy job of teaching me and passing on his values, despite my stubbornness.  He pushed me when I didn’t want to be pushed because it was the right thing for me. 

I look back on my life and the accomplishments that I have made to this day.  I am overwhelmed with pride at what I have achieved, and where I am today.  Looking back, I realize that my life bears the unmistakable fingerprint of my father’s teachings.  I couldn’t be any more proud of who my father is, and the example that he has laid before me.    I can honestly say this:  that if I grow up to be half the man my father is, I will have become a good man.  Happy Father’s Day Pa, I love you.