The Biden administration is firing back at the state of Missouri over the new Second Amendment Preservation Act, arguing that the Supremacy Clause of the Constitution requires law enforcement in the state to enforce any and all federal gun control laws. [More]
That doesn't mean he's against "home rule" that serves his agenda...
[Via Jess]
1 comment:
"The Biden administration is firing back at the state of Missouri over the new Second Amendment Preservation Act, arguing that the Supremacy Clause of the Constitution requires law enforcement in the state to enforce any and all federal gun control laws."
Actually, no it doesn't.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
It says that where the Federal Constitution and/or laws are in conflict with state constitutions or laws, the former overrules the later.
It further states that judges are bound to observe that fact.
It says nothing whatsoever about law enforcement.
In fact, in Printz v United States (1997), SCOTUS ruled that local law enforcement cannot be compelled to enforce, or assist in enforcement of, Federal law.
https://www.oyez.org/cases/1996/95-1478
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