Can state lawmakers legally fine federal officials, even toss them in jail should they attempt to impose Barack Obama’s agenda of gun bans and confiscation on the American people?
Many remember video of lawless New Orleans police as they traveled door to door in the aftermath of Katrina, throwing law abiding citizens to the ground, confiscating their firearms and rendering individuals defenseless at a time when self-defense was all that would separate honest citizens from roving bands of thugs and looters. Such was the outrage of the American public that one year later, the State of Louisiana joined federal lawmakers in banning the confiscation of firearms during declared “emergencies.”
Today, more than a dozen states have “…proposed legislation to either jail federal officials who violate the second amendment or to nullify federal laws to control guns within state borders.” The list of states joining these efforts continues to grow.
But in Utah of all places, the Republican Chair of the House Judiciary Committee refused to allow such legislation to go forward. HB 114 was twice “dropped from the agenda” by chairman Kay McIff as he expressed concern that the “2nd Amendment Preservation Act” might be unconstitutional.
The preamble of the Act “…provides that any federal action that attempts to impose limitations on firearms contrary to the Second Amendment of the Constitution of the United States, or the Constitution or laws of the State of Utah, is unenforceable in this state.” Seems pretty straightforward—no unconstitutional gun laws will be enforced in Utah! But House legislative staff convinced McIff that the Constitution’s Supremacy Clause must automatically render any such statute unconstitutional.
Had the timid Mclff not thrown in the towel before the battle was engaged he might have understood that only “th[e] Constitution, and the Laws of the United States which shall be made in pursuance thereof… shall be the supreme law of the land.”
In short, only laws which are made consistent with the powers specially granted the government in the Constitution may be considered “supreme” and therefore take precedence over state statute. Federal laws which infringe on the right to keep and bear arms are clearly not “made in pursuance of” a Constitution which states that the right to keep and bear arms shall NOT be infringed! Obviously such legislation is unconstitutional on its face and may play no part in the Supremacy Clause.
Well on Friday, the Republican committee chair at last permitted a vote on HB 114 and to no one’s surprise it passed 49-17. The Act now travels to the state senate where Republican Senate President Wayne Neiderhauser promises “…to be very cautious with the bill.”
Prior to allowing Friday’s House vote, Kay McIff made it clear he was loathe to waste money fighting for the 2nd Amendment rights of Utah residents. After all, a suit by the Obama Regime would make for an expensive battle in court. And now, another Republican leader pledges “caution.”
The people of Utah turned out in droves to offer support for the 2nd Amendment Preservation Act, “…reminding committee members of the right to keep and bear arms and the obligation they have to protect that right from the federal government.” Yet Republican leaders in the Republican controlled Utah State Legislature are frightened to death at the thought of fighting for rights which the Founders considered unalienable; God given; rights “which cannot be given away or taken away.”
Americans are primed and ready for a fight with the Democrat Party and its gun grabbing Mufti, Barack Obama. Squeamish Republican “leaders” must NOT fritter away through cowardice the rights which God gave the American people.
Please share this post with your friends and comment below. If you haven’t already, take a moment to sign up for our free newsletter above and friend us on Twitter and Facebook to get real time updates.
Follow @WestJournalism
About Doug Book
Loading ...
Would love to see them locked up. even if it is determined to be illegal, they would still have to sit in a Cell unto the matter progresses through the Courts. Could take years, a little taste of their own medicine just might be the light that opens their eyes.
BAN OBAMA,,,IMPEACH ,BRING TO JUSTICE, HANG HEM TILL HE QUIT KICKING !!!!
Let Pres. Obama and the feds here the immortal words of a great America Naval Commander, John Paul Jones, “I have not yet begun to fight.”
I do not see how passing a law to punish people for enforcing laws that are UNconstitutional can be, in itself, unconstitutional.
I’ve worried at this for about ten minutes – which, for me, is a very long time. And I can’t find an escape that justifies the position.
Then again, I passed Logic 101. I’m not sure this fool even TOOK the course…
In Arizona we also have 2 State Senators who are trying to kill SB1112, The 2nd Amendment Preservation Bill. Yesterday, I sent the following email to the various Senators involved and edited Letters to the Editor of the Arizona Republic and East Valley Tribune newspapers.
Senators of the State of Arizona:
Reported: Senators Adam Driggs and John McComish are preventing SB 1112, The 2nd Amendment Preservation Bill, from being considered by the full Arizona Senate. They “believe it is ‘unconstitutional’ for Arizona to pass a Law that bans the federal government from violating the 2nd Amendment.”
Apparently Senators Driggs and McComish are unfamiliar with the U.S. Constitution although both took a required Oath to support it. They seem unaware the Constitution has been ratified by all States as the supreme Law of the Land. Article VI, states that to be valid, any Laws and Treaties must be made “under the AUTHORITY of the United States”:…State Constitutions and Laws contrary to the U.S. Constitution are invalid.
If Senators Driggs and McComish still lack understanding, the “Authority” of the United States is only that which is enumerated in the Constitution, granted by ‘consent of the governed’ (the Militia.) Therefore, any Executive, legislative or judicial Member of either the federal or State government(s) who ‘violates’ the Constitution is guilty of malfeasance of office, and of treason.
Arizonans expect our State Legislature to protect us from the federal government’s unlawful intent to diminish and/or remove the 2nd Amendment’s ‘unalienable’ “RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, SHALL NOT BE INFRINGED.” We also expect our Governor and State Legislature to actively nullify any and ALL unconstitutional Laws by federal government that increasingly governs outside the ‘limits’ of the Constitution.
No longer a silent majority, we expect legislation under the Authority of the U.S. and Arizona Constitutions, rather than complicity with the loud will of various special interest groups. Representatives, either federal or State, who violate our Constitutional Rights and Laws and seek to remove the ‘unalienable Rights endowed by our Creator deserve the fruits of their perfidy. We are watching; we WILL act.
Signed:
Scottsdale, AZ
Ref. TenthAmendmentCenter.com
It will be interesting to see if the Bill passes both legislative bodies and is signed by Gov. Brewer. She has not been friendly to previous constitutionally supportive laws.
Maybe it’s time to turn Driggs , McComish along with U.S. Senator Mc Cain out to pasture. None are worth keeping. They must be on Obama’s payroll.