Judge Napolitano: State Noncompliance Makes Federal Enforcement “Nearly Impossible”

via Fox News Insider

NOTE:  Fox News has recently removed the video of this exchange, but if you click the Play button above, you can hear the full discussion, audio-only.

President Obama said in December that the federal government has “bigger fish to fry” when asked if the feds would go after marijuana users. Some states have passed laws to legalize medical marijuana or allow people to have small amounts of the drug, contradicting federal law.

On Fox and Friends yesterday morning, Steve Doocy asked Judge Andrew Napolitano whether President Obama has set a precedent as many states try to pass gun laws to block stricter federal legislation. He explained that state authorities could legally choose not to enforce a federal gun law that goes against state law, but that the feds need the help of state and local authorities to enforce laws.

“Our home state of New Jersey could not, for example, use the police to frustrate federal law enforcement. What it could say to state and local police (is) ‘you will not cooperate.’ That will make federal enforcement of tighter federal gun laws nearly impossible,” said Napolitano.

Watch the discussion:

NOTE:  Fox News has recently removed the video of this exchange, but if you click the Play button above, you can hear the full discussion, audio-only.

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126 comments
TimSingleton
TimSingleton

Norm Byers, said, "I'm not so certain the Judge's statement will be true once the size of the DHS gets up to say 500,000 (from 240K now) and they start adding armored, armed vehicles - none of which are subject to Posse Comitatus."

 

Perhaps, but such a move will remove all pretense on Obama's part about looking to the best interests of America and Americans. Such a move might spark the very thing we fear most, and the thing which Obama clearly desires most.

 

Only a sociopath, a narcissistic, manipulative Communist bastard like Obama could want what he wants.

Brian Mark
Brian Mark

No state government will do that because the Federal government would stop giving the states the money they need.

Sean Telfer
Sean Telfer

Treason begins when they brake that oath to the constitution !

Sean Telfer
Sean Telfer

people need to be reminded of that oath !

Garrett Masarik
Garrett Masarik

I like my Sheriffs, perhaps this will give more leverage in other state for people to motivate theirs?

Mark B Hopp
Mark B Hopp

MORE need to be doing this...ignore unconstitutional law

Emil Johnson
Emil Johnson

sheriffs at gun shows protecting people . from the feds.

Sue Olson
Sue Olson

I support my local Sheriff because he supports his citizen's rights.

Bud Nelson
Bud Nelson

Couldn't work in Oregon. California would not allow it.

Eric Robinson
Eric Robinson

I live in California, where violating the Bill Of Rights is a tradition.

Andrew Wynn
Andrew Wynn

I see the states becoming more and more fed up with federal tyranny and radical BS.

Thomas Kirby
Thomas Kirby

We could really use states that will stand up to PETA and the HSUS.

Corey Spencer
Corey Spencer

Lets just do a citizens arrest on these corrupt senators and politicians since they wont follow the law or o bide by their oath of office.. Lets just hold them to it! Enough is enough...

John E. Taylor
John E. Taylor

Scholarly, since the Fed. Govt is a creature (child) of the States, I think the States have every right to spank the unruly child, and the child doesn't have to like it!

Norm Byers
Norm Byers

I'm not so certain the Judge's statement will be true once the size of the DHS gets up to say 500,000 (from 240K now) and they start adding armored, armed vehicles - none of which are subject to Posse Comitatus.

Lisa Cooper Daigle
Lisa Cooper Daigle

Who can recall "The Battle of Athens, Georgia in 1946??? American history...same lesson and reaction should be considered here;;after all IF THE GET OUR GUNS.there won't be a repeat of our constitutional history of 'The battle of Athens " sort;;;just shackles...

Hunter John
Hunter John

.......even the IRS has trouble rolling on flat tires......

Hunter John
Hunter John

nancey, if you see the IRS outside your door dont answer it, dont sign for registered mail,dont answer phone calls from unknown numbers....you have to "recieve" notice before you have 30 days to respond or a judgement is gained......it may take years to recieve notice.....then 30 bucks notarized filed with clerk of court dispute a few points....may take years to "recieve" the 2nd notice.......

John Hayes
John Hayes

Tell the pukes that in Colorado, they could care less, and now want to give Secret Service the power to arrest our sheriffs, now thats pushin it.

Ed Pate
Ed Pate

congress can pass all the laws they want an bama can sign a thousand executive orders but people will only follow them if they choose an think they are rightful. As many states have said they will not enforce Federal gun laws that ought to tell the dim wit's in government the people are opposed to the laws

Dean E. Witt Jr
Dean E. Witt Jr

The supreme court once ruled that "negroes" weren't human. Imagine that ! It's a good thing we have 3 branches of govt. Just because SCOTUS says it's so, doesn't mean they're right !

Timothy Kendrick
Timothy Kendrick

Its grasshoppers and ants. We far outnumber them. If all of the states or even just a vast majority say "no", then what are the feds gonna do? Go to war against 40 states? I don't think so.

Blaine Nay
Blaine Nay

If only Utah's governor understood that simple concept. Unfortunately, he's too addicted to "free" federal money. So, he cedes his authority to federal bureaucrats rather than defend the Utah and US Constitutions. Utah needs smarter voters.

Jerry Names
Jerry Names

It's long past time the federal government learned they are a creation of the States and not the other wau

Mike Mannino
Mike Mannino

Whether libs believe it or not, this was the basis for the civil war.

Pete Johnson
Pete Johnson

What is the supreme court going to do about it?

Ginny Trammel
Ginny Trammel

It is the only way the people are going to win Scholaraly Libitarians! I think in time the fovt. will come to understand this.

Ron Wright
Ron Wright

Yes, it is. The supreme court renders 'opinions'. States make laws.

Michael Marciniak
Michael Marciniak

@ Scholarly: Noncompliance is not the rule of law. Law should not be arbitrated by the courts anyway. That is why BO whants liberal justices to help his agenda. He is not an American citizen to begin with and eventually, not soon enough, will he be impeached. He is on a course of destroying America as we know it and is facing war on all sides now which we can not fund because on he bankrupt this great country.

Nancy Janzen
Nancy Janzen

There are not enough federal agents to enforce all these stupid laws by themselves. That is what the judge means so if an IRS agent finds himself not only not able to call on local LE for help but possible being arrested by local LE it makes enforcing the laws impossible. To add to that there are not federal jails everywhere so if the locals sheriffs refuse to hold the people arrested for laws that have been nullified. It become utterly impossible.

Phil-Karen Walton
Phil-Karen Walton

I declare war on the federal government, Internal revenue service and whoever else that's against the constitution of the United State of America ...who's with me?

Ron Hurst
Ron Hurst

Good give me a list of non compliant states cause I won't be able to afford Obama care in Ohio when it goes 80+% higher

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  16. [...] This would make a HUGE dent in any effort to further restrict due process – and would be a big step forward for Montana. As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here) [...]

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  19. [...] The bill would require all agencies of the state – and local governments – to refuse to enforce or assist in the enforcement of a vast majority of federal gun laws, including those already on the books.  As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here) [...]

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