West Virginia state lawmakers are doing their part to keep the federal beast inside its constitutional cage. First, state delegate Eric Householder took on ObamaCare, and now Cindy Frich, his colleague in the House of Delegates, is setting her sights on protecting the Second Amendment.
If it were enacted, the bill would render unenforceable any “federal law which attempts to ban semiautomatic firearm[s] or to limit the size of a magazine of a firearm or other limitation on firearms in this state…”
There are two forces at work in Frich’s effort to thwart the federal government’s constant attempt to unconstitutionally infringe on the right of the people to keep and bear arms.
First, there is a well-established principle of federalism called anti-commandeering.
Put simply, anti-commandeering prohibits the federal government from forcing states to participate in any federal program that does not concern “international and interstate matters.”
While this expression of federalism (“dual sovereignty” as it was named by Justice Antonin Scalia) was first set forth in the case of New York v. United States (1992), most recently it was reaffirmed by the high court in the case of Mack and Printz v. United States (1997).
Sheriff Richard Mack was one of the named plaintiffs in the latter landmark case, and on the website of his organization the Constitutional Sheriffs and Peace Officers Association, he recounts the basic facts of the case:
The Mack/Printz case was the case that set Sheriff Mack on a path of nationwide renown as he and Sheriff Printz sued the Clinton administration over unconstitutional gun control measures, were eventually joined by other sheriffs for a total of seven, went all the way to the supreme court and won.
There is much more “ammo” in this historic and liberty-saving Supreme Court ruling. We have been trying to get state and local officials from all over the country to read and study this most amazing ruling for almost two decades. Please get a copy of it today and pass it around to your legislators, county commissioners, city councils, state reps, even governors!
The Mack/Printz ruling makes it clear that the states do not have to accept orders from the feds!
Click here to read the entire article.
Photo shows West Virginia State Capitol dome