In response to the President's perfectly reasonable, perfectly measured and responsible use of Executive and Congressional Actions announced today...
We already have the Gov of Mississippi proclaiming that he will to "Secede" from Federal Regulations and Federal Law.
Yes, they really are that nutball batshit.
Gov. Phil Bryant and House Speaker Philip Gunn said they would block any federal measures limiting the right to bear and possess arms from being enforced in Mississippi. … State Rep. Chris Brown, R-Aberdeen, said he is drafting legislation to say that firearms manufactured in Mississippi would fall under state law and wouldn’t be subjected to federal regulationsExcuse me but even if you play Spock or Lizard, Rock Still Breaks the Scissors and Federal Law Trumps State Law.
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, Federal Statutes, and U.S. Treaties as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.There was the argument when the lawsuit where presented against the Affordable Care Act that it exceeded the authority provided in the Commerce Clause - but this situation is a clear Slam Dunk. States can not simply chose to ignore Federal Laws or Federal Regulations, particularly when the 2nd Amendment starts out by saying "A Well Regulated Militia..."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.
Even when the Supreme Court decided the Heller Case, which established gun ownership as a Right for the very first time in 2008, they still said that Assault Weapons could be Banned by subsequent legislation.
Legal experts say the decision in the case, District of Columbia v. Heller, has been of mainly symbolic importance so far. There have been more than 500 challenges to gun laws and gun prosecutions since Heller was decided, and vanishingly few of them have succeeded.And so of course with this history of judicial precedent in mind how then should we react to Rand Paul's vow to "Nullify" the President's Executive Orders today?
The courts have upheld federal laws banning gun ownership by people convicted of felonies and some misdemeanors, by illegal immigrants and by drug addicts. They have upheld laws making it illegal to carry guns near schools or in post offices. They have upheld laws concerning unregistered weapons. And they have upheld laws banning machine guns and sawed-off shotguns.
Nor does Heller impose any major hurdles to many of the most common legislative proposals in the wake of the Newtown shootings, said Adam Winkler, a law professor at the University of California, Los Angeles, and the author of “Gunfight: The Battle Over the Right to Bear Arms in America.” Among the responses that Heller allows, he said, are better background checks, enhanced mental health reporting and a ban on high-capacity ammunition clips.
Paul plans to debut the proposal on Wednesday’s edition of Hannity on Fox. Details of the plan shared with TPM Wednesday show Paul plans to say the executive actions violate the Second Amendment and the powers given to the Congress in the Constitution, facts he says allow Congress to declare them “null and void.”Ok, so President Bush - just for a comparison - implemented unwarranted wire taps of The Entire Nation in violation of the FISA Act and defiance of the FISA Court. They wiretapped our Soldiers talking to their family members and them created "Mix Tapes" of their most intimate conversations. Members of his Administration violated the Hatch Act using their official positions for political activities. They went to War with an Unarmed Country, ignored the 9-11 Warnings, let Bin Laden escape at Tora Bora then shut down the Special CIA unit tracking him. They. Authorized. Torture. and still they didn't find out where he was using it. They didn't learn anything worthwhile using torture according the FBI director Meuller. They - the GOP - squandered the surplus, ran up the deficit with budget busting tax cuts, unpaid-for wars and the Medicare prescription drug program - then crashed the economy with run-away deregulation.
“We only have descriptions of the executive actions, yet many could be construed to describe an attempt by the executive to make laws in violation of the Article 1, Sec. 8 of the Constitution and the 2nd Amendment,” reads the one-page summary of the Paul plan shared with TPM by his staff.
Paul’s bill will set out to nullify Obama’s executive actions, deny any federal funding for their implementation, and allow members of Congress and state officials to challenge the actions in court.
Apparently there's plenty of wiggle room when it comes to the 4th, 5th and 8th Amendments, but not an inch for the 2nd.
They DID ALL THAT SHIT. but now we have this little liber-turd about to blow a blood vessel because the President wants the ATF to have a Director for the first time in six years, the CDC to study what guns, the media and violent video games actually do to us, for police, first responders and schools to be trained and prepared in case of a catastrophic event including a mass shooting, for health providers to be able to alert the police when someone shows signs of potential violence and for weapons we've previously banned to be banned once again.
He wants to Nullify all of that because what? Death=Good?
Where is the Sense here? Where is the Logic? Over 30 Americans A. DAY. are killed by guns every year. It's not just the gangs in the inner city doing that. It's not just the random mass shooting. It's not just the disgrunted husband shooting and killing his wife/girlfriend/kids/mother-in-law/neighbor in a jealous rage. It's All Of That and more.
The Screaming Meemee's are not going to stop this Change from being implemented. You'd think "Devout" Pro-Lifers like the Gov. of Mississippi and Rand Paul would rather raise heaven and earth to save actual LIVES, but instead they'd rather stand idly by and throw impotent spit balls at the President while 31,000 Americans Per year - 31,000 AMERICANS PER YEAR - Die from Guns.
Every element of this plan may not be put in place this year, or the next, or the next, or the next. But this change is coming, it's going to save lives - and it's going to be good.
9:00 AM PT: Marco Rubio on Obama's Gun Proposals on O'Reilly arguing that we shouldn't ban guns, we should just punish gun users harder (which by-the-way is included as #13 of Obama's Exec Orders), he then goes on to say that "Criminals don't care what the laws are". Oh? uh, ok - then they don't care if you "punish them harder" do they?
9:07 AM PT: Rand Paul on Hannity says Obama is Arrogant.