Is This Unconstitutional?

[CorvusRexus]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional? Or pass laws affecting Freedom of Speech or the 2nd Amendment? IS it unconstitutional for an area lesser than the federal gov't to say, "**** off! We will defend the constitution that gives you power, since you won't. Any agent that appears on our doorstep breaking this law shall be treated as a criminal and charged with corruption, as will any official guilty of obtaining illegal records of our citizens. We will demand anybody guilty be extradited immediately to us for prosecution. Have a nice day and go **** OFF!"

God I hope my city would be ballsy enough to do that. Maybe I should run for City Council in a few years and propose it myself...

 

[Indeependent]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional? Or pass laws affecting Freedom of Speech or the 2nd Amendment? IS it unconstitutional for an area lesser than the federal gov't to say, "**** off! We will defend the constitution that gives you power, since you won't. Any agent that appears on our doorstep breaking this law shall be treated as a criminal and charged with corruption, as will any official guilty of obtaining illegal records of our citizens. We will demand anybody guilty be extradited immediately to us for prosecution. Have a nice day and go **** OFF!"

God I hope my city would be ballsy enough to do that. Maybe I should run for City Council in a few years and propose it myself...

Good question but that might, in fact, be a State level Rights issue.

 

[CorvusRexus]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional? Or pass laws affecting Freedom of Speech or the 2nd Amendment? IS it unconstitutional for an area lesser than the federal gov't to say, "**** off! We will defend the constitution that gives you power, since you won't. Any agent that appears on our doorstep breaking this law shall be treated as a criminal and charged with corruption, as will any official guilty of obtaining illegal records of our citizens. We will demand anybody guilty be extradited immediately to us for prosecution. Have a nice day and go **** OFF!"

God I hope my city would be ballsy enough to do that. Maybe I should run for City Council in a few years and propose it myself...

Good question but that might, in fact, be a State level Rights issue.

And if a state proposed it?

 

[RetiredGySgt]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional? Or pass laws affecting Freedom of Speech or the 2nd Amendment? IS it unconstitutional for an area lesser than the federal gov't to say, "**** off! We will defend the constitution that gives you power, since you won't. Any agent that appears on our doorstep breaking this law shall be treated as a criminal and charged with corruption, as will any official guilty of obtaining illegal records of our citizens. We will demand anybody guilty be extradited immediately to us for prosecution. Have a nice day and go **** OFF!"

God I hope my city would be ballsy enough to do that. Maybe I should run for City Council in a few years and propose it myself...

Local authorities have no arrest power over federal authorities. They can arrest Federal employees of any bureau or section but they can not legally arrest Law enforcement or Government officials exercising what is a Federal law or statute. In other words Federal law trumps State and local law.

The recourse would be to take it to court and have a Federal Court agree the Local or State law was legal and that the federal law was not.

 

[Avorysuds]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

 

[Indeependent]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional? Or pass laws affecting Freedom of Speech or the 2nd Amendment? IS it unconstitutional for an area lesser than the federal gov't to say, "**** off! We will defend the constitution that gives you power, since you won't. Any agent that appears on our doorstep breaking this law shall be treated as a criminal and charged with corruption, as will any official guilty of obtaining illegal records of our citizens. We will demand anybody guilty be extradited immediately to us for prosecution. Have a nice day and go **** OFF!"

God I hope my city would be ballsy enough to do that. Maybe I should run for City Council in a few years and propose it myself...

Good question but that might, in fact, be a State level Rights issue.

And if a state proposed it?

There IS a relationship of a State Constitution explicitly PRECEDING the Right of the Federal Government to overrule a State.
Keyword...PRECEDING.
So if the Federal level conflicts with a State's desired superseding Right, the Fed wins.

 

[RetiredGySgt]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

 

[percysunshine]

The Constitutional boundaries are between States and the Federal government. As I understand it anyway.

Cities are incorporated municipalities, or sub-districts of the State they are in.

 

[Little-Acorn]

If a city were to pass a law stating that the federal government loses the ability to monitor its citizens phone calls, records, etc. without a legally signed warrant from a judge, would it be unconstitutional?

It's not the least bit unconstitutional. The city would simply be passing laws saying what the Constitution already says. How could that possibly be unconstitutional?

If the city passed a law saying that slavery shall not exist within the city limits, that would not be unconstitutional either.

The only thing unconstitutional in any of this, is the way the Federal government (and sometimes some states) violate the parts of the Constitution these laws refer to.

These city laws might piss off some liberals. But that's one way you know they are legal and acceptable!

 

[CorvusRexus]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

I'm sorry... Are you asking if the gov't would not like for us to be rights-less?

 

[Avorysuds]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

Is it constitutional for the federal Government to spy on us as is?

 

[CorvusRexus]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

No, what I am asking is if cities/states have the right to pass laws nullifying unconstitutional federal laws that the Supreme Court refuses to overturn, yet is voted to be unconstitutional by a majority of a voting districts constituents?

 

[Little-Acorn]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

Only if the State or Federal law is legal... that is, Constitutional, itself.

The Supreme Court has already ruled that any law that is hostile to the Constitution, is null and void. So if a state govt or the Fed govt were to pass a law that violated the Constitution, that law would legally cease to exist, by what the Supreme Court has ruled.

So a city passing a law saying the Fed can't (say) infringe the right of the people in the city, to keep and bear arms, it cannot possibly be unconstitutional... since if the Fed were to do that, the Fed's law would go legally belly-up immediately according to the Supreme Court, and there would be no conflict.

 

[CorvusRexus]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

Is it constitutional for the federal Government to spy on us as is?

Nope. Fourth Amendment. Hence the Nullification Laws I am proposing.

 

[Avorysuds]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

I'm sorry... Are you asking if the gov't would not like for us to be rights-less?

I'm asking what's the point of making something illegal when it's already constitutionally illegal. Will the federal Government get in trouble this time for sure, as they continue to spy on anyone they want? How will a state find out if the NSA is spying on you anyways?

 

[The2ndAmendment]

So long as the city doesn't infringe the powers delegated to the General Government (10th Amendment), any law it passes is superior to federal law.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Also the Necessary And Proper clause simply means the General Government (Federal Government) has ABILITIES not enumerated, not additional powers. What does that mean? If the United States wanted to build a Fort, as the Constitution clearly states:

to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings

Then the United States has the "Necessary power" to purchase/contract construction materials/contractors to build a Fort. It would be insane if a State/County called their Militia to sabotage/assault a federal fort/military installation under the excuse of "The Government has no enumerated power to purchase construction materials, therefore this Fort is unconstitutional and we reserve the right to remove it from our State."

 

[Avorysuds]

No he is asking if a State or local authority can supersede Federal laws.

Is it constitutional for the federal Government to spy on us as is?

Nope. Fourth Amendment. Hence the Nullification Laws I am proposing.

.............

 

[CorvusRexus]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

Only if the State or Federal law is legal... that is, Constitutional, itself.

The Supreme Court has already ruled that any law that is hostile to the Constitution, is null and void. So if a state govt or the Fed govt were to pass a law that violated the Constitution, that law would legally cease to exist, by what the Supreme Court has ruled.

So a city passing a law saying the Fed can't (say) infringe the right of the people in the city, to keep and bear arms, it cannot possibly be unconstitutional... since if the Fed were to do that, the Fed's law would go legally belly-up immediately according to the Supreme Court, and there would be no conflict.

No conflict? The feds losing power and there would be no conflict? While I agree with what you said, that line strikes me as awfully sophomoric.

 

[RetiredGySgt]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

No he is asking if a State or local authority can supersede Federal laws.

Is it constitutional for the federal Government to spy on us as is?

Once again, for the slow, If the Federal Government passes expands or makes new rules or laws and you disagree with them then you or an entity effected by the act must file suit in Federal Court and prove to the judiciary that what the Fed is doing is unconstitutional or illegal. No city can pass an act to make federal laws statutes or acts illegal and then enforce the new law. No State can pass a law that does that either.

Ask Montana about that law to exempt locals from federal Firearms laws, ask them how that fared in Court and whether or not the Feds still enforce Federal firearms laws in Montana.

 

[CorvusRexus]

I'm sorry... Are you asking if a state can make an already illegal activity illegal?

I'm sorry... Are you asking if the gov't would not like for us to be rights-less?

I'm asking what's the point of making something illegal when it's already constitutionally illegal. Will the federal Government get in trouble this time for sure, as they continue to spy on anyone they want? How will a state find out if the NSA is spying on you anyways?

???
I'm not a tech guru, but couldn't a state monitor the government's intrusions? Is there technology for that? Or there is my silver bullet, take away the gov't's ability to spy on us like that. Create a new branch of gov't with the role specifically of keeping technology like that out of the gov't's hands. Checks and balances, anyone?