Thursday, August 29, 2013

Nullifying federal gun laws--a constitutional delusion and dangerous distraction.

A few states have passed laws which purport to nullify new federal gun control laws that allegedly violate the Second Amendment. I appreciate these officials standing up for the Amendment, but these laws are symbolic only.  Nullification is a  constitutional delusion.  It is contrary to the Supremacy clause in Art VI of the Constitution, and has never been (and never will be) endorsed by the U.S. Supreme Court.   The way to defend the Second Amendment is to vote for federal officials who respect the right and bring lawsuits.  President's nominate Supreme Court Justices and the Senate must approve them.  The Second Amendment individual right hangs by one vote in the U.S. Supreme Court.  This is where the real battle will be fought  Anyone who relies on nullification statutes will  lose, and it being distracted from the real fight.


  1. Although I highly respect your professional credentials and expert opinion on the topic, this is one area where I have to differ. I've agreed with you about the 2nd Amendment not being absolute; that safeguards are necessary to keep firearms out of the hands of convicted criminals and individuals who pose a public threat. IMO, the supremacy clause must also have reasonable limits on it much like the 2nd Amendment. The remainder of the Bill of Rights makes this point clear as abusive tendencies do occur among power-hungry officials. Sadly, the federal government has continued to use the supremacy clause to justify their domestic overreach for the past 100 years or more. Today's progressive takeover has corrupted further our republican system of government. It's my opinion that our country is no longer the model, nor reflects the charter, so wisely established by our country's founders.

  2. 44:
    Thanks for the comment. I respect your opinion, and I agree with your general analysis of the problem. The Supreme Court has gutted the 10th Amend and unconstitutionally expanded federal powers. After NFIB, the power to tax and spend will become the new font of federal expansion well beyond what the constitution envisaged. However, to fix the problem, realistic, constitutional and democratic remedies are required. I suggest a Constitutional amendment to restore federalism. This is a very tough and long process, chances of success are slim, but it is one approach. Another is to get constitutionalists on the Supreme Court. This will required selecting the right President and getting the Senate. If this fight is worth fighting, let's take real steps to fix it. Nullification is a constitutional illusion.