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The
Below Comments Relate to this Newslink:
MO: Judge denies challenge to Missouri gun law
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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In their statement from June 22, Burlison and Taylor expressed confidence that SAPA could withstand any legal challenges.
"From the 1842 court decision of Prigg vs. Pennsylvania, to Printz vs. the United States, and most recently, NFIB vs. Sebelius, the courts have consistently ruled that there is a prohibition of federal usurpation, or "commandeering" of state resources," Burlison and Taylor wrote. "Law enforcement agencies cannot be forced into doing the work of the federal government, especially when such work is unconstitutional in the hearts and minds of many Missourians."
Burlison said that some of the legal research leading up to House Bill 85's passage in 2021 dated back to about a decade before the bill's adoption. |
| Comment by:
PHORTO
(9/2/2021)
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The Supremacy Clause doesn't create a blank slate, it contains a very specific limitation.
"This Constitution, and the Laws of the United States WHICH SHALL BE MADE IN PURSUANCE THEREOF...." (emphasis mine)
Clearly, prima facie federal violations of black-letter constitutional limitations are NOT "made in pursuance thereof," hence cannot supersede state law.
One need go no further than that - it is FULL STOP. |
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| QUOTES
TO REMEMBER |
| Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. Notwithstanding the military establishments in the several kingdoms of Europe, which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. — James Madison, The Federalist Papers, No. 46 |
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