Great to see a state finally assert it's power over the federal government

[saveliberty]

i never argued either of those, just that the wyoming law was not setting up a challenge to any coming federal law.

yes, there has to be a case first, but no, there does not have to be a state law that contradicts the federal law for there to be that case.

second, there are cases that have the state vs the federal govt, but in order to have standing to file suit the state has to be the injured party.

now explain how a state making enforcement of a federal law illegal leads to the state being the injured party?

now perhaps someone charged with a felony by the state for enforcing the federal law would be able to take the state to court, in which case the supremacy clause would come into play and the state law would go the way of the dodo.

The OP article clearly states that is the intent of the law ( a challenge to possible federal law). States rights would be one possible Constitutional challenge. Could go straight at the second as well.

 

[C_Clayton_Jones]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

When the federal law is unconstitutional...

All acts of Congress are presumed to be Constitutional until such time as a court determines otherwise. See: Ogden v. Saunders (1827); Federal courts, not the states, have the sole authority to determine the constitutionality of a given law.

Federal law trumps state law, in accordance with Supremacy Clause jurisprudence:

Supremacy Clause | LII / Legal Information Institute

See also Cooper v. Aaron (1958):

The interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." P. 18.

No state legislator or executive or judicial officer can war against the Constitution without violating his solemn oath to support it. P. 18.

FindLaw | Cases and Codes

 

[ogibillm]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

No - but clearly you did.

Is there anything more amazing than all of these left-wing nuts constantly commenting on things they know nothing about (especially their own government)?

you're one of those idiots that believes in nullification, aren't you?

 

[Ernie S.]

The People and The States have power over the Federal Gov't. The Federal gov't gets it's power from the Consent of the People, not the other way around.

But you can't tell that to Liberal/Communists who only exist in my head

corrected for accuracy

I'll miss you.

 

[Mr. Shaman]

The Constitution is the supreme law of the United States, and as Justice Hughes said, the constitution is what the court say it is.

It's also the right of the people to replace a tyrannical government.

Riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiight......the Teabaggers are merely waiting for the "green-light" from
The KLAN!!!!

[ame=http://www.youtube.com/watch?v=5u1QARlCph0]Klan Marches in Washington DC 1928 - YouTube[/ame]
*
​

 

[Ernie S.]

that's not how that works. either the federal law is constitutional or it isn't. any law a state has or doesn't have is irrelevant.

So what is the procedure for Constitutional review ogibilm? How is a federal law determined to be Constitutional? You are misinformed unfortunately.

no, i'm not.

if there was a federal law that say banned handguns someone who had had their handgun taken would then sue in federal court for the return of their weapon on the grounds that the confiscation was illegal because the law was unconstitutional and thus void.

the federal law would stand or fall on its own. state law would never, ever come in to play when considering or challenging the constitutionality of a federal law.

What this law does is give Wyoming standing if one of its citizens is arrested under an assault weapons ban. It essentially puts the state in the position of defending its State citizen against an unconstitutional federal law.

 

[ogibillm]

So what is the procedure for Constitutional review ogibilm? How is a federal law determined to be Constitutional? You are misinformed unfortunately.

no, i'm not.

if there was a federal law that say banned handguns someone who had had their handgun taken would then sue in federal court for the return of their weapon on the grounds that the confiscation was illegal because the law was unconstitutional and thus void.

the federal law would stand or fall on its own. state law would never, ever come in to play when considering or challenging the constitutionality of a federal law.

What this law does is give Wyoming standing if one of its citizens is arrested under an assault weapons ban. It essentially puts the state in the position of defending its State citizen against an unconstitutional federal law.

no.

what the law is is red meat for mouth breathers that believe in nullification over judicial review.

it is nothing more and serves no other purpose.

 

[Ernie S.]

no, i'm not.

if there was a federal law that say banned handguns someone who had had their handgun taken would then sue in federal court for the return of their weapon on the grounds that the confiscation was illegal because the law was unconstitutional and thus void.

the federal law would stand or fall on its own. state law would never, ever come in to play when considering or challenging the constitutionality of a federal law.

What this law does is give Wyoming standing if one of its citizens is arrested under an assault weapons ban. It essentially puts the state in the position of defending its State citizen against an unconstitutional federal law.

no.

No? ok you win..... Wait!


Fuck you!

 

[C_Clayton_Jones]

So what is the procedure for Constitutional review ogibilm? How is a federal law determined to be Constitutional? You are misinformed unfortunately.

no, i'm not.

if there was a federal law that say banned handguns someone who had had their handgun taken would then sue in federal court for the return of their weapon on the grounds that the confiscation was illegal because the law was unconstitutional and thus void.

the federal law would stand or fall on its own. state law would never, ever come in to play when considering or challenging the constitutionality of a federal law.

What this law does is give Wyoming standing if one of its citizens is arrested under an assault weapons ban. It essentially puts the state in the position of defending its State citizen against an unconstitutional federal law.

Nonsense.

No state laws are needed for a citizen to file suit challenging has conviction per a Federal law he considers un-Constitutional.

Indeed, if a new Federal AWB were to be enacted a prima facie challenge would be made, enjoining the government from making any arrests pursuant to the ban.

As already correctly noted, this proposed law is red meat to the radical right, it’s political theatre designed to provoke a conflict having nothing to do with Second Amendment rights or the Constitution.

 

[P@triot]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

How sad that you have zero understanding of your own government. Here's a quick history lesson for your dumb ass:

The states were founded with all of the power. 100% of it. They then decided that certain functions would be better handled by the federal government (things like coining money, defense, etc.). So the states delegated 18 enumerated powers to the federal government. That's right - the states delegated the only powers the federal government constitutionally has, to them. Which also means the states can take them away when ever the fuck they want.

Sad what you wing-nuts don't know about your own government..

 

[J.E.D]

Federal law trumps state law. Wyoming Republicans are nutjobs wasting taxpayer money with this nonsense.

 

[J.E.D]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

When the federal law is unconstitutional...

A law isn't un-Constitutional until the SC says so. Federal law trumps state law.

 

[ogibillm]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

How sad that you have zero understanding of your own government. Here's a quick history lesson for your dumb ass:

The states were founded with all of the power. 100% of it. They then decided that certain functions would be better handled by the federal government (things like coining money, defense, etc.). So the states delegated 18 enumerated powers to the federal government. That's right - the states delegated the only powers the federal government constitutionally has, to them. Which also means the states can take them away when ever the fuck they want.

Sad what you wing-nuts don't know about your own government..

fine. we're the wing-nuts. we're also the ones living in reality, and in reality we have judicial review, not nullification.

reality. it's nice. join us some time.

 

[OODA_Loop]

A gun made and staying in Wyoming hasn't entered interstate commerce and is not subject to Federal Law.

 

[J.E.D]

A gun made and staying in Wyoming hasn't entered interstate commerce and is not subject to Federal Law.

 

[bodecea]

This is absolutely outstanding. Of course, it took the liberals becoming so radical, the entire party had to be hijacked by Socialists/Marxists/Communists, but the American people are finally starting to wake up, adhere to the U.S. Constitution, and put the federal government in it's place...

Here’s How Wyoming Lawmakers Are Trying to Beat Obama Admin. to the Punch on Possible Gun Ban | TheBlaze.com

Sell tickets to the first confrontation.

 

[P@triot]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

How sad that you have zero understanding of your own government. Here's a quick history lesson for your dumb ass:

The states were founded with all of the power. 100% of it. They then decided that certain functions would be better handled by the federal government (things like coining money, defense, etc.). So the states delegated 18 enumerated powers to the federal government. That's right - the states delegated the only powers the federal government constitutionally has, to them. Which also means the states can take them away when ever the fuck they want.

Sad what you wing-nuts don't know about your own government..

fine. we're the wing-nuts. we're also the ones living in reality, and in reality we have judicial review, not nullification.

reality. it's nice. join us some time.

Once again you demonstrate you're complete lack of understanding. The judicial branch does not make law. They can "review" until their heart is content, but they can't change a fucking thing.

 

[P@triot]

in what world is a state able to outlaw enforcement of a federal law?

did wyoming fail civics class?

When the federal law is unconstitutional...

A law isn't un-Constitutional until the SC says so. Federal law trumps state law.

The judicial branch does not make law. Like Obamacare and Roe vs. Wade, it doesn't mean a damn thing what the SCOTUS says because they don't make law (though they try thanks to the goose-stepping SIEG HAIL justices appointed by goose-stepping SIEG HAIL dumbocrats).

 

[Intense]

The Constitution is the supreme law of the United States, and as Justice Hughes said, the constitution is what the court say it is.

Still, it's dangerous for the Court to piss off too many people, now, isn't it. Take something too far, and Cities start burning. Nothing is without consequence.

 

[OODA_Loop]

A gun made and staying in Wyoming hasn't entered interstate commerce and is not subject to Federal Law.

Montana has the same law. HB 246, the Montana Firearms Freedom Act.

Look for more states to join on

The Federal authority claims power to regulate guns due to interstate commerce.

Guns and firearm parts which orginate and stay in the state are not subject to interstate commerce clause.