The Following Post Is By;
Yael T. Abouhalkah
He argues in this article that The Supremacy Clause over rules States & Sheriffs. In Fact, the opposite is true, The Supremacy Clause over rules the Feds. I will explain further in the article. — Volubrjotr
If President Barack Obama, Congress and the feds try to impose any gun controls on Missouri that the lawmakers don’t like, the new bill says, anyone who tries to enforce those laws would become criminals themselves.
Boom! You can almost see Kansas City-area GOP legislators Chris Molendorp, Ronald Schieber, Noel Shull and the 59 others sticking their tongues out at the jack-booted thugs of the Obama administration.
In other words, they are going to criminalize the enforcement of federal laws.
Unfortunately this is a shameful attempt at publicity, yet another gigantic waste of time byGOP lawmakers in Jefferson City.
For a bunch of Republicans who profess to love the U.S. Constitution, these guys and gals really don’t get it. Here’s the list of co-sponsors so far.
Yes, that’s the part of the U.S. Constitution that says federal laws are the “supreme” laws. Any conflict between federal laws/bills and state laws/bills? The U.S. Supreme Court has ruled that the feds have the final say.
THE SUPREME COURT HAS RULED THE STATES AND IN FACT THE COUNTY SHERIFF HAS THE FINAL SAY.
The “supremacy clause” is dealt with in Mack/Printz1997, in which the U.S. Supreme Court stated once and for all, that the only thing “supreme” is the Constitution itself. Where by the powers, the Sheriff reigns supreme above the president.
On June 27th, 1997, the sheriffs won; in Printz v. U.S. (521 U.S. 898) the U.S. Supreme Court struck down the Federal Gun Control Bill Known as The Brady Bill. Associate Justice Antonin Scalia wrote the ruling for the Court, in which he explained our system of government at length. The justly revered system of checks and balances is the key:
What does all this mean today in the Battle for America? County Sheriff Mack says it proves that the County Sheriff is the highest governmental authority in his county. Within that jurisdiction – inside his county – the County Sheriff has more power than the governor of his state. Indeed, the County Sheriff has more power in his county than the President of the United States. In his county, he can overrule the President and kick his people out. Remember, the President has few and limited powers.
Read More Here: Obama’s High Noon
Put another way, states don’t have the legal power to reject federal law.
WHEREAS, The Tenth Amendment to the Constitution of the United States reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and
WHEREAS, Many federal laws directly contravene the Tenth Amendment to the Constitution of the United States; and
WHEREAS, We believe in the importance of all levels of government working together to serve the citizens of our country, by respecting the constitutional provisions that properly delineate the authority of federal, state, and local governments; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
WHEREAS, The United States Supreme Court ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states by compelling them to enact and enforce regulatory programs; and
WHEREAS, the United States Supreme Court, in Printz v. United States/Mack v. United States, 521 U.S. 898 (1997), reaffirmed that the Constitution of the United States established a system of “dual sovereignty” that retains “a residuary and inviolable sovereignty” by the states. The majority of the United States Supreme Court noted in that case (521 U.S. 898, 921-922):
“As [President] Madison expressed it: ‘[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.’ The Federalist No. 39, at 245.
This argument being used by the 62 Missouri GOP lawmakers has been tried before by states that don’t want to follow the rules of the land. And it’s been rejected before. If House Bill 170 gets passed, it will be another travesty foisted upon the people of Missouri by the General Assembly.
IT HAS NEVER BEEN REJECTED AND IT NEVER WILL BE!
OHIO NULLIFIES & WARNS THE FEDS
This separation of the two spheres is one of the Constitution’s structural protections of liberty. ‘Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.’ . . . To quote [President] Madison once again:
‘In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.’ The Federalist No. 51, at 323″; and
WHEREAS, A number of CONTRIVED proposals by previous CORRUPT administrations, some now pending proposals by the CORRUPT present administration, and some proposals by CORRUPT Congress may further ATTEMPT TO violate the Tenth Amendment restriction on the scope of federal power; now therefore be it:
RESOLVED, That the State of Ohio hereby acknowledges and reaffirms its residuary and inviolable sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and be it further
RESOLVED, That this resolution serves as notice to the federal government as agent of the states, to end federal mandates that are beyond the scope of the Constitutionally delegated powers; and be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalty or sanction or that requires states to enact legislation or lose federal funding be prohibited or repealed; and be it further
- States Enforcing The United States Constitution: Florida Moves To Nullify Obamacare & Supreme Court Justice Roberts!
RESOLVED, That the Clerk of the Senate transmit authenticated copies of this resolution to the Putative President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each state’s legislature, and each member of the Ohio Congressional delegation.
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- In The Commission Of Sedition/Treason Against The 2nd. Amendment: A Call To Arraign Deadbeats Hillary Clinton & Barry Soetoro ~ A U.N. Or Any International “Treaty” Is Meaningless Against The Second Amendment!
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BILL OF RIGHTS
These rights are bestowed by “the Creator”,
and not by government
AND SHALL NOT BE INFRINGED.
As far as the constitution goes, there are ten rights enumerated in the Bill of Rights, which are the first ten amendments to the Constitution of The United States; the Bill of Rights are:
In short, these rights existed before The Constitution and were in and by themselves the construct of The Constitution. IOWs, these rights were not conferred by the ‘general government’.
• First Amendment
– Establishment Clause, Free Exercise Clause; freedom of speech, of the press, Freedom of Religion, and of assembly; right to petition.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
• Second Amendment
– Militia (United States), Sovereign state, Right to keep and bear arms.
A well regulated Militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.
• Third Amendment
– Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
• Fourth Amendment
– Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
• Fifth Amendment
– due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
• Sixth Amendment
– Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
• Seventh Amendment
– Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
• Eighth Amendment
– Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
• Ninth Amendment
– Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
• Tenth Amendment
– Powers of States and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
- Legislators in Missouri, Kansas and elsewhere look to nullify federal laws (kansascity.com)
- Wyoming Bill Nullifies Obama Federal Gun Control & Imprisons Fed Attempting To Enforce! (politicalvelcraft.org)
- Today Barack Obama will Swear to Defend the Constitution of the United States… but won’t. (twighlightslastgleaming.wordpress.com)
- Today Barack Obama will Swear to Defend the Constitution of the United States… but won’t. (genomega1.wordpress.com)
- Will you support your state and sheriff that defy Obama Gun Control Orders (freedomoutpost.com)
- Montana legislator proposes constitutional amendments on gun rights (billingsgazette.com)
- Citing U.S. Constitution, states push back against federal laws (kansas.com)
- Missouri Republican: No such thing as a hate crime (rawstory.com)
- Wagoner County Sheriff Says He Won’t Enforce New Gun Legislation (newson6.com)
- Anonymous Responds To Obama’s Gun Control And Usurpation Of Our U.S. Constitution (sallyspoliticalpage.wordpress.com)