A new fight is erupting over states’ rights, and this time the focal point is the Second Amendment. As mentioned in an earlier article, the forces of Liberalism and the federal government push for gun control laws, individual states are acting to protect the rights of their citizens. The principle behind this is called “nullification,” and so far eleven states have passed laws to implement it.
The idea of nullification is straightforward and simple. Under the Constitution of the United States, certain limited powers are held by Washington, D.C. By default, all other powers rest in the individual states. The Founders understood the dangers of too much power being held by a central government, and they crafted the Constitution to ensure their newly emerging country would be protected from out-of-touch autocrats.
Today many Conservatives believe Washington, D.C. is out of touch with the wishes of most Americans. Missouri State Senator Brian Nieves, a supporter of nullification, says,
I think the President and the majority of Congress, both in the House and Senate, are just completely out of touch with how people feel about Second Amendment rights.
States are using two methods to deter Washington’s anti-gun agenda. The first employs the Interstate Commerce Clause of the Constitution. This clause empowers the federal government to regulate commerce and trade between states in order to maintain parity. The Interstate Highway System was built using this power.
But the Interstate Commerce Clause does not provide the federal government the right to regulate commerce that occurs entirely within the boundaries of a single state. States such as Utah are using this exception by passing laws that say that Washington shall have no control over any firearm manufactured and sold within their state, provided it has never crossed the border into a second state.
The second method states are using is to restrict enforcement of federal action within a state by removing the jurisdiction of federal agents in enforcement of laws at the state and local level. Instead, state and city police and county sheriffs assume that responsibility, and decide how enforcement will be handled.
Mike Maharrey, Director for the Tenth Amendment Center, explains:
It’s basically saying, “Federal government, if you want to enforce federal firearms laws in the state of Arizona, you’re welcome to do it, but we won’t give you any assistance.”
So in other words, no state police help with raids, no local law enforcement enforcing a Federal gun law, none of that.
Some states are being more aggressive. A new Kansas law makes it a felony for federal agents to enforce gun control laws within the borders of that state. So if Bureau of Alcohol, Tobacco, Firearms and Explosives agents attempt to arrest a citizen in Kansas for violation of a federal gun law, the agents could actually be arrested by state or local officials.
Representative John Rubin, a Kansas legislator, says:
The founders never envisioned…that a modern federal government would construe the commerce clause so broadly as to enable the federal government to regulate every aspect of the lives of the states.
http://therighttobear.com/11-states-pass-nullification-laws/
Comments
The States include Missouri, Kansas,
Tennessee, Oklahoma, Montana, Wyoming, South Dakota, Idaho, Utah, Arizona and
Alaska. These states lead the way to restoring out Constitution (as written).
The rest of the states should pass nullification of any unconstitutional
federal law that threatens our property rights, water rights, energy costs and
control by the voters. These would include the rest of the states in the
Midwest and Southeast.
States threatened with “Wildings Project”
implementation should assume responsibility for all government land in their
state and remove all federal control over unconstitutional federal government
held land. States should sell forest
land to US forestry companies and sell or lease all agricultural land to US
family farmers and ranchers. States should assume responsibility for their own
endangered species management and clean air and water management.
Norb Leahy, Dunwoody GA Tea Party Leader
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