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Protecting the 2nd Amendment



Untrusting of federal representation, state governments have been implementing laws that seek to nullify federal statutes and executive orders that run contrary to their state’s interests. The actions on nullifying federal statutes and orders need to be done ever-so delicately. Many Americans are under the false impression that the Supremacy Clause in the Constitution mandates that state laws are always inferior and subordinate to federal rules, regulations, and orders. In actuality the Supremacy Clause only gives the federal government the senior position if the law pertains to an area of governance not subject to the sole domain of state governments. For example, the Constitution is wholly silent on education, healthcare, retirement, and even crime. Areas such as these are the domain of the state governments, and no federal authority has the right to impose anything upon the states in these areas, as explained in The Federalists).

In those areas that are typically the jurisdiction of the states under the tenets of federalism, the state legislatures should pass and fully execute laws of nullification when the feds intrude. In the areas of shared responsibility and out-right federal exclusivity, the state governments need to be diligent in their submission to the Constitution. If either side does the opposite, it will only further erode the Rule of Law.

The Second Amendment specifically prohibits the federal government from establishing any sort of law that creates an obstacle to the People in their right and ability to protect themselves from any power, either foreign or domestic. And, under the power of the 14th Amendment, we can also apply this same interpretation to the states, and as such, the states hold the responsibility to refuse to implement such orders.


 

Please review the information on the pages to the left and feel free to contact me with your opinions using the contact link above.

 

 

 

 

 

© 2015 Joe Newhouse for Oklahoma State Senate