State legislators, county sheriffs, and state governors are saying,
“Enough!” Unconstitutional overreach by politicians and bureaucrats in
Washington, D.C., has set the stage for multiple showdowns with state
and local government officials who vow to exercise their constitutional
prerogatives to oppose usurpations of the federal government on issues
ranging from the REAL ID Act and ObamaCare to infringements on the right
to keep and bear arms.
President Obama’s release, on January 16, of his comprehensive plan
for a new wave of national gun controls has made the Second Amendment
the immediate flashpoint of the growing “nullification” movement in the
states. Issued one month after the Sandy Hook Elementary School shooting
in Newtown, Connecticut, the president’s push for firearms restrictions
clearly is an attempt to capitalize on public grief over that shocking
massacre to jumpstart a moribund gun-control movement that has been
unable to make any recent headway in Congress. Entitled “Now is the
time: The president’s plan to protect our children and our communities
by reducing gun violence,” the 15-page White House program proposes an
array of executive and congressional actions that it says are
“common-sense steps to reduce gun violence.”
Liberty-minded advocates, however, were quick to point out that what
President Obama refers to as common-sense proposals, our Founding
Fathers would have denounced as blatant usurpations by a dictatorial
executive. On January 16, the same day that President Obama released his
“Now Is the Time” plan, Senator Rand Paul (R-Ky.) announced that he
would be introducing legislation the following week to oppose any of
President Obama’s executive orders that unconstitutionally attempt to
implement new national gun controls.
Appearing on
Fox News with Sean Hannity, Senator Paul
pointed out that there are several of the president’s executive orders
“that appear as if he’s writing new law,” which would be an executive
trespass on the legislative powers of Congress and a violation of the
Constitution’s separation of powers. “I’m afraid that President Obama
may have this ‘king complex’ sort of developing, and we’re going to make
sure it doesn’t happen,” he told Hannity.
Some state legislators and county sheriffs, however, are not waiting
for federal legislators like Senator Paul; neither are they confident
that Congress will adequately respond to President Obama’s new efforts
to impose more firearms restrictions. In fact, many are concerned that
Congress itself, responding to pressure from the major media and
President Obama’s bully pulpit, may enact unconstitutional infringements
on the Second Amendment.
Within hours of President Obama’s press conference announcing his new
gun control push, state legislators in Wyoming, Texas, Missouri,
Oklahoma, Tennessee, Iowa, South Carolina, Indiana, and other states
were initiating efforts to “nullify” any attempts by federal authorities
to enforce those restrictions in their states. They are not merely
talking about state resolutions expressing disapproval of federal
encroachment, but actually making it a criminal offense for agents of
the federal government to attempt to enforce what the states determine
to be illegal, unconstitutional usurpations of power. Wyoming’s H.B.
0104, the “Firearm Protection Act,” for example, threatens federal
officials with up to five years in prison and $5,000 in fines if
convicted of attempting to enforce unconstitutional statutes or decrees
infringing on the gun rights of Wyoming citizens. Missouri and Texas
have similar legislation pending.
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