Swatdude1 wrote:
axisofoil wrote:
Fed trumps state.
There is absolutely no truth to this statement. Please go check out the Tenth Ammendment of the US Constitution.In fact, the Sheriff is the highest ranking law enforcement officer and even has the power to kick the BATF out of his county.
I am going to step in before any more of this type of horseshit gets spilled out of people's fingers and onto this website. Since it is OP I am not going to lock the thread.
1) There is a lot of truth in "Fed trumps state"
2) The sheriff of a county cannot kick the BATFE out of his county. One wacky judge's comments do not make a new principle over the clear terms of the constitution.
The United States Constitution and Federal laws are absolutely supreme. If you think the 10th amendment contradicts that you are simply not familiar with the constitution.
Article 6 Clause 2 states:
Quote:
"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 notwithstanding."
More importantly the Supreme Court has extensively ruled what the 10th amendment means. The prevailing law is that the 10th amendment is a truism that have no affirmative enforcement value. It simply repeats the fact that the federal government can only act on delegated powers. Read
United States v. Darby and
Printz v. United States. I have no problem with people wanting to be a test case if they have full knowledge of what is going to happen. 1) they will be prosecuted. 2) they will go to prison. 3) EVEN IF they win on appeal they will be in prison for years because the Supreme Court is the only body that will overturn their conviction on constitutional grounds, due to the nature of the settled law.
Why do I care? This type of misinformation will land some poor moron in prison.
People considering doing this: the Arizona law does absolutely nothing for you. IT IS COMPLETELY VOID. If they prosecute you will go to prison and there is a 99% chance or better that you will stay there. I don't really care what you think the 10th amendment means. The courts have decided it means nothing and that is what they are going to hold you to.