Getting it Wrong: James Madison’s 1830 Letter on Nullification
Baton Rouge, La. (April 23, 2013) – Today, the Louisiana State House voted to approve House Bill 5 (HB5), the Louisiana Preservation of Individual Gun Rights of Citizens Act. If passed into law, the bill would make it unlawful “for any official, agent, or employee of the United States government to enforce or attempt to enforce a federal law, rule, regulation, or executive order” which would “Ban or restrict the ownership or possession of a semi-automatic firearm, or any magazine, accessory, or ammunition for a semi-automatic firearm” or “Require that any semi-automatic firearm, magazine, accessory, or ammunition for a semi-automatic firearm be registered in any manner.”
The final tally was 67-25. (roll call here)
To make the case, the bill cites both the federal and state constitutions. It reads, in part: “The Louisiana Legislature hereby finds and declares that the right to keep and bear arms is constitutionally protected by both the federal and state constitutions. The provisions of this Part are designed to preserve those rights for Louisiana citizens.”
In a sharp debate before the final vote, Representative Hunter brought forth an amendment which would have fundamentally changed the intent and purpose of the bill. The amendment would have made sure, in Hunter’s own words, that is “does not take effect until there’s a ruling by the supreme court.” In other words, we’ll pass this, but wait for permission from the courts to exercise our rights.
In support of his amendment, Hunter displayed his complete and total misunderstanding of the nature of the Constitution. He said, “Under no circumstances does state law ever supercede federal law.”
The so-called “supremacy clause” of the Constitution states the following:
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.
(emphasis added)
Hunter’s “under no circumstances” viewpoint is wholly unsupported by either the text of the Constitution – which says that federal laws are supreme only when made “in pursuance” of the delegated powers in the Constitution – or by the Founders themselves. Learn more about the Supremacy Clause here.
Representative Thompson questioned Hunter, and asked “Are you familiar with the 10th Amendment?”
In response Hunter verified he wasn’t, by saying, “No I’m not. I just happen to be an attorney who reads the constitution from time to time.”
From such a statement, one would be hard-pressed to think that Hunter has any understanding of the Constitution at all. But yet, many of his colleagues were holding him in high regards about his understanding of the Constitution.
When Hunter’s amendment came up for a vote, it failed, 30-62.
Bill Sponsor Representative Jim Morris, spoke passionately in favor of the legislation, expressing his view that protecting rights was of the utmost urgency. “I stand by this bill,” he said.
HB5 now moved to the State Senate for concurrence. It will first be assigned to a committee, which will hold a hearing and a public vote. If the committee approves the bill, it will go to the full Senate for debate and vote before being sent to the Governor’s desk.
ACTION ITEMS for Louisiana
1. Call your State Senator. Strongly, but respectfully, urge them to co-sponsor HB5 in the Senate. The more who support the bill from the outset, the greater chance it will have of getting out of committee and to the full senate for a vote.
Contact information here:
http://senate.la.gov/Senators/
2. Get active on Facebook. Join the 2nd Amendment Louisiana group and stay active in support of HB45 and other legislation coming forward. http://www.facebook.com/groups/2ndAmendmentLouisiana/
3. Share this information widely. Please pass this along to your friends and family. Also share it with any and all grassroots groups you’re in contact with around the state. Please encourage them to email this information to their members and supporters.
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NOW we need to get FLORIDA moving toward similar legislation! ~ I urged Gov Scott and our Legislature to FOLLOW KANSAS’ footsteps regarding Second Amendment preservation!!! ~ One voice in the wilderness is NOT enough; we need MORE Floridians to get into these folks ears!!!
no it’s not it floods the weather can’t make up its mind and our pay sucks but cost of living is cheaper. Great place if you live off the land
I sure hope so
While I like this, the Tenth Amendment says that the enumerated powers for the Feds limit them and all else goes to the States and people respectively. This is redundant, but puts the Feds on notice.
Where freedom dwells, there go I
Let the States stand up to BIG bully Federal muscle! Viva la revolution!
Daniel smith, y’all is a contraction. And since this is obviously an attempt to belittle our intelligence you should probably put the apostrophe in the correct spot, or you risk making yourself sound like a dip shit. Oh wait, you already did.
Federal law does supersede local, but this gives local officers the legal ability to ARREST any federal agent trying to enforce this UNCONSTITUTIONAL law. Way to go Louisiana.
The federal cannot pass legislation legally that violates the constitution. Their oath of office binds them to uphold the constitution, not amend it into a meanliness script.
A note for all you idiots : Louisiana can’t override federal legislation
You mean Louisiana FINALLY did something right??? DAMN!!! Wait, I live in Louisiana!!!
I knew “ya’ll” had lots of smarts
Louisiana House needs 25 new members.
I’m proud of my home state
I don’t know what the troops in Louisiana would do, but I talked to a guard in New Mexico as they searched my truck so I could go on base, and the subject ended up on this very thing and I was told there at that base, if they were told to go to the homes of the Americans and take their guns, they would NOT follow those orders. They said number one, they swore to protect the constitution and the American people and number 2…..it would be a war that the military could not win.
To “ALL” who ask why do we need or want guns,the answer is quite simple. Why so Police need guns ? To protect themselves. Ever say there is never a cop around when you need one. Well,I along with many others lived through Katrina and KNOW what that was like.
If YOU do not want a gun that’s fine. If YOU choose to put your and your child’s life on the line waiting for 911 to answer,get your,location, find out the problem,then dispatch to a police unit that may be 5 min away(fast response) then I wish you luck as you will need it.
Julie—–PROTECTION—–get it !
Outstanding. We need more states to do the same.
Now it begins why this fight? who knows. But There will be a fight
Michael: look up “in pursuance of” in the supremacy clause. See my previous posts.
No disrespect to 2nd Amendment freaks, but states don’t have the authority under the 10th Amendment to overturn federal gun laws. But you all go ahead and act like illiterate fools. It reinforces the view that many others have about us Southerners…
I live in La. And was here during Katrina with my 9yr. Old daughter and you better believe “WE” had guns to protect ourselves. ( WE including my daughter who owns her own riffle)
Emily/Juile, you are the truest form of an idiot.
States cannot make laws to overturn nonexistent federal laws… unless they’re stupid.
Yes Michael Leach your almost right . Federal laws and all laws that are unconstitutional are null and void .
He is NOT nor has ever been my prez…period.
WHY do you need/want a gun?
@Emily…its clear by your gay rights equality/rump rangers R us logo where you stand on any moral or constitutional issue..wake up woman because you are the minority…Barry doesn’t have another term…by the way…have you a spare O’phone…my food stamp and Wic apps seem to be out of order…lmao
GOOD JOB
A waste of time. Federal law trumps state in all cases. Filing a case & going to the Supreme Court id the only path. It’s called “the rule of law” & 25 legislators seemed to understand that..
Well, anyone planning a mass murder can just head on down to LA.
And I never even knew this was in the works. Figures.
You can see them all here: http://tracking.tenthamendmentcenter.com/
Ok you all. You live in Louisiana, do you not remember what happened when katrina hit, do you all not want to be able to protect your loved ones. I am a 2nd amendment advocate and if you think for a minute i wouldn’t protect my family from anyone ya’l are crazy.
should be illegal to introduced a bill to violate a right explicit in the constitution
Good!!!! Need some more states to man up!! Or move to Louisianna!!
At Julie. Louisiana is nicknamed the Sportsmans Paradise for a reason. Every year there are thousands of men and women who love to hunt and fish. Most of the hunting does involve a gun! Also Louisiana does allow Concealed Carry, to carry a pistol hidden on your person, for self defense. Those are just a couple of reasons why someone would want a gun in La.
Fuck you! That’s why.
Why do you want/need a gun?
Just say no to obummer
Lord help us.
That’s how it’s Supposed to work!
This is nice, but why did they not just go ahead and include ALL guns and ammo?!!!
Awesome!
Salute, Louisiana!
I called my state Rep. Johnny Berthelot and he was for this all the way. We had a nice conversation. He says he is behind HB45 as well but it hasn’t made it out of committee yet.
Proud to call it home… “@TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/2viiBg4dL9 #10th”
The 5th Circuit Courts will frown!
La Louisiane, I am proud of ya !
good
titution is amended the law will be repealed….
@TenthAmendment I hope all states do this and over ride other commie laws coming out of DC
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
Now for all the other states to follow!
Vote those 25 out!!
Hey everyone, I just made this page a few weeks ago and don’t have many likes yet, go check it out and like it if you have a chance to check it out. I’m just trying to spread the truth as well :). Thanks https://www.facebook.com/BackToOurRootsAwakeningSource
AMEN to Paul Stuk statement!
FTA
Way to stand up and be counted with the forefathers of our nation.
Ever state should do this.
Passing a state law that tries to override a possible future national law? Just stupid!
They have two great guys in Congress which is a start!
I hope most of the rest of the Union does as well! Could we see a revival of the CSA?!?!
Magnifique!
Will Clay – I hope you’re right!
On a different note, how many states do we now have that are resisting federal encroachments?
Whoo! That is really gettin’ it ON!! Gotta love that American spirit!!!
It’s time to be proud of LA. So kiss our Ass .we will protect our rights and people
We need to ban pressure cookers. if it makes America safer, I will gladly give up my right to Coq Au Vin prepared in 45 minutes and I will spend the extra 2 hours to simmer it in a regular, low capacity unpressurized cooker. Fight back against the extremist Fagor Brand pressure cooker lobby! Fancy European Cuisine is no justification for these dangerous high capacity pressure cookers to be on the streets where they can be seized by terrorists and used to slaughter hundreds of innocent babies!
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
We should hang the 25 that voted against it.
Big balls, thank you
Get their names for election time.
The Supremacy Clause only applies to the enumerated powers granted to the Federal Government by the Constitution. All other powers are reserved to the states or the people!!
Amen and amen.
Lets see the Fed TRY and trump them. Civil War II would be the instant result.
I DO AGREE TO THAT
I DO AGREE TO THAT !!!!
Well, he may send the Department of Homeland Security, because his idea is to eliminate the military and replace it with this.
Thanks Louisiana house!!!
good
Suzanne if you move to N.O, you will need those gun rights.
I hope they list the names of the 67 so Louisiana residents can thank them for being patriots, the other 25 not so much
As a proud Cajun from Louisiana all I got to say is…..C’est Bon!
Who are the 25?????
Haven’t seen a banner for Texas yet, what’s up with that???
way to go louisana
New Orleans here I come……
Hell yea William hopson, of course we border the great state of Texas. Whoooooo!
Fed doesn’t trump state. States gave sovereign powers to the Fed. That means we can take them back at any time.
Chris Garcia there ya go!
Proud of this state.
Ironically, the supremacy clause quoted to try to invalidate nullification efforts is the very clause that should be used to trump state laws such as New York’s Assault Weapons/Magazine ban.
Christopher: Only Federal law “in pursuance of” the constitution trumps state law. That simply means states aren’t allowed to violate the constitution via state law. It does NOT mean federal law in violation of the constitution trumps state laws protecting the state from such unconstitutional federal law.
We need to keep our god given rights,protected by our constitution! Every state needs to pass such a bill!!!
OK, Florida. Let’s make this happen here, too. WE NEED THIS
Let him. He’ll be sorry.
It’s not settled law because its not really a legal question but a political one.
Which will lead (hopefully) to a Constitutional Crisis/showdown
But the SCOTUS is not truly the final arbiter…these powers hAve been assumed…when it all comes down there are at least three major areas (guns, healthcare, weed) where more than 1/2 of all states are nullifying. Sometimes the figure is much higher. In the end the fed wont be able to keep up.
Way to go Louisiana,my home state.
I wouldn’t call it stupid, but symbolic b/c it’s settled law.
which is specifically the purview of the federal gvt according to the Constitution. Not saying I agree but it’s pretty much a symbolic measure and a foregone conclusion.
Ok, so please Christopher; only when I’m pursuance of their true Constitutional roles. The Supremacy Clause only applies if Congress is acting in pursuit of its constitutionally authorized powers. Federal laws are valid and are supreme, so long as those laws were adopted in pursuance of—that is, consistent with—the Constitution. Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses’ constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.
I mean obviously it’s a little more complicated than that, but the theory is that gun sales/control/legislation affects inter-state commerce
excdellent
Federal Legislation takes precedence over state law.
good for you Louisiana! Now if we can just get California…………. sorry must have been dreaming
Supremacy Clause
Someone want to tell those morons that fed trumps state?
They all live here . He may be dumb but he ain’t that dumb.
fire the 25
{{http://www.acadiansingray.com/LA_state_flag_Feb_61.gif}}
That is great! They should not have stopped at semi-auto firearms though!
Christopher Rauch – why don’t you tell us why…
Proud of this state
WOW! Go Louisiana! Why aren’t we doing this in Texas?
Chuck Heinzman – why pray tell, would you call that stupid?
Yes!
Even though it is already illegal for anyone to do so. I demand they stop messing with our constitutional rights, you should also!
Now If Kentucky would do this!
I hope SC will be next
I suspect that’s not really going to work for them.
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
One more down….Woot woot!!
You have my support
Sounds like a great place to move
Thank God
That would be plain stupid
So this nullifies the NFA requirement to register SBR’s and SBS’s?
first good news all day
25 more traitors to the constitution.
now lets see if obama sends the troops!
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th
RT @TenthAmendment: Louisiana House Votes to Nullify Federal Gun Control, 67-25: http://t.co/pSHf1l4K8Z #10th