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Guns and marijuana - wonder what's next? A number of Law Enforcement officials in various states (mainly in the West, IIRC) have come out and said that they would refuse to enforce any gun laws that they deem unconstitutional.
Guns and marijuana - wonder what's next? A number of Law Enforcement officials in various states (mainly in the West, IIRC) have come out and said that they would refuse to enforce any gun laws that they deem unconstitutional.
Nullification is the new "in" thing. What the hell,Obama and Holder do it, why shouldn't the rest of the country. We are headed for chaos.
Nullification is the duty of all citizen's and all states. It is not chaos, it is the natural evolution of a healthy republic in preventing the tyranny of government.
Not complying with a federal law does not make a State vs. Federal stand off. It just means local sheriffs will not enforce the federal law.
Alaska does not have Sheriffs. However, we do have our Alaska Firearms Freedom Act that was enacted into law in May, 2010, which nullifies all federal laws and regulations when it concerns firearms, firearm accessories, or ammunition manufactured, sold, and used wholly within the State of Alaska.
If Alaskans want to manufacture fully automatic machine guns, that the federal government knows nothing about, they can legally do so in Alaska.
Every firearm regulation imposed by the federal government does so solely on the premise that it has the constitutional authority under the Commerce Clause. Since the Commerce Clause only extends to interstate or international commerce, and not intrastate commerce, the federal government has absolutely no say in the matter.
Alaska is one of eight States that have enacted similar laws. The Wyoming version of the Firearms Freedom Act goes so far as to allow for the arrest and detention of federal officers attempting to enforce federal gun control laws in the State of Wyoming.
This has more to do with States exerting their constitutional authority under the Tenth Amendment, and not about nullification. The federal government, when left unchallenged, usurps the constitutional authority of the States whenever they can. Like they have already done with education, social programs, and health care insurance.
Guns and marijuana - wonder what's next? A number of Law Enforcement officials in various states (mainly in the West, IIRC) have come out and said that they would refuse to enforce any gun laws that they deem unconstitutional.
The judicial branch is the constitutionally authorized branch to INTERPRET the constitution, not the executive branch.
So, how is it appropriate for law enforcement to deem a law unconstitutional? Sheriffs should do their job and leave the interpreting to the courts.
Not true. No where within the US Constitution will you find any authorization for any branch of government to interpret the US Constitution. That is authority the Supreme Court granted themselves in Marbury v. Madison (1803). Additionally, the President has also taken on the authority to interpret the US Constitution since President Monroe through Signing Statements. Naturally, when Congress enacts legislation into law they are also assuming the authority to interpret the US Constitution. As a result, all branches of government are performing their own interpretations of the US Constitution, and they do not always agree with each other.
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