OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

Civil WarIn 1832 South Carolina, prompted by tariffs that they felt adversely affected the State, passed a law making the offending Federal Law unlawful and unenforceable within the State.

This situation is known as the Nullification Crisis, and led to the Federal government passing a Bill that authorised the use of military force against the State of South Carolina.

Of such import was this principle that the Federal government was prepared to go to war with a State of the Union, to enforce its Constitutional right of supremacy.

Now it appears that some lawmakers in Wyoming are prepared to subject the citizens of their state to a similar risk.

Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

State of Wyoming House Bill HB0104:

AN ACT relating to firearms; providing that any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming; providing a penalty; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

(a) No public servant as defined in W.S. 6-5-101, or dealer selling any firearm in this state shall enforce or attempt to enforce any act, law, statute, rule or  regulation of the United States government relating to a personal firearm, firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming.

(b) Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony and, upon conviction, shall be subject to imprisonment for not more less than one (1) year and one (1) day or more than five (5) years, a fine of not more than two thousand dollars ($2,000.00) five thousand dollars ($5,000.00), or both.

During the last four years we have seen a marked "uptick" in State laws being amended or rejected by Federal Courts. Many have been an easy call, wingers seeking to enforce their will on women, right up to the Affordable Care Act challenged by States all the way to the SCOTUS

This, while not normally so frequent, is normal law-making. States and the Federal government make laws which may, or may not be challenged. Indeed the constitutionality of a law cannot really be determined in advance, although clearly some laws stand less chance of making it than others.

What is happening in Wyoming is not that.

What the Bill here does is assert the primacy of State Law over Federal Law. If upheld, which is not actually possible, it would rip up the Constitution.

While this proposed law may indeed be simply "grandstanding", the direct challenge to the constitution is a marked departure for the Right, bent as they are on protecting the constitution against all-comers.

Apparently they do not do irony in Wyoming, but I do wonder what implications there should be for legislators who attack the constitution so directly, rather than simply pass stoopid laws that will be struck down.

Extended (Optional)

EMAIL TO A FRIEND X
Your Email has been sent.