NE Sheriff Gives Powerful Gun Rights Argument

The Constitution says, “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, anything in the constitution or laws of any state to the contrary not withstanding.” 

The Constitution is supreme. Federal law is supreme. Treaties are supreme. However, in the first line, and in the last line, there is a hierarchy established. Federal law, treaties, and state law that are contrary to the Constitution will not be recognized. Congress makes laws, all the time, under their constitutionally authorized powers. Just because they follow the rules when they enact a law doesn’t make it right. 

Laws are challenged all the time in the Supreme Court. When the high court rules, it bases the ruling on the constitutionality of the law. They do not measure the laws against each other or against treaties, they measure them according to the Constitution. I have never seen a ruling, nor am I aware of any, where a law was upheld in spite of the constitution. 

The only other way I can try to clarify this is to say that when you consider the totality of the circumstances, rule one: the Constitution is always right. Rule two: federal law and treaties are right when they are consistent with the constitution. Rule three: when federal law and treaties are in conflict with, or are contrary, to the Constitution, then we must revert back to rule one. The states can go along with federal law that is not consistent with the Constitution, or they can challenge them in the courts. 

Senator Chambers is right when it comes to nullification. Under Article III of the Constitution, the power to declare federal law unconstitutional has been delegated to the federal courts and the states do not have the right to nullify federal law. In the Supreme Court case Mack and Printz v. United States (1997), the Supreme Court found that the Brady Handgun Violence Protection Act violated the Tenth Amendment. Justice Scalia writing for the majority said that “since the act forced participation of the states executive in the actual participation of a federal program,” it was unconstitutional. 

Scalia also cited the Supreme Court ruling of New York v. United States (1992), where the court ruled that a federal law through federal regulation violated the TenthAmendment. Justice O’Connor wrote for the majority in that case stating, “Congress cannot directly compel states to enforce federal regulation.”  

In the Supreme Court case of District of Columbia v. Heller (2010), again the court struck down a “gun control” law, citing the Second Amendment. In the same case, they actually addressed “machine guns”, calling them “necessary to the well-regulated militia.” I will let you study that case on your own. It is long and in depth. In short, there have been several “gun control” laws that have been challenged, and the Constitution always won, either citing the Second or Tenth amendment. I can not find anywhere that the Supreme Court upheld a gun control measure of any kind when it was challenged. 

LB451 does not try to “nullify” anything. It does, however, invoke the Supremacy Clause, by stating that the Constitution, and more specifically the Second and Tenth amendments, which rulings have already been upheld in the Supreme Court, will be adhered to and followed. The original and ultimate SUPREME LAW of the land will be followed. It is constitutional. It is enforceable. Anyone who violates this law through confiscation or regulation, “exercises control of an others property with intent to deprive them thereof”, commits, by definition, theft. Again, this law upholds the Constitution of the United States, and of Nebraska. 

One last point, I promise: Nebraska Constitution, Article III-30, “The Legislature shall pass all laws necessary to carry into effect the provisions of this constitution.” I believe that says you are required to pass laws that uphold the Constitution of Nebraska, and Article I says we get to keep our guns, and our gun rights.