A recent mainstream media news report covered the Michigan 4th Amendment Protection Act. Unsurprisingly, while much of the article was factually correct, they included a statement from a former NSA lawyer who either lied about the Supremacy Clause – or just doesn’t know anything about it.Details
On April 4, I appeared on Suzanne Sherman’s show The Wasatch Report. We talked about how state action can limit the scope of the federal government, focusing specifically on the Second Amendment, dispelled the persistent myth of absolute federal supremacy and talked about why you shouldn’t count on lawyers to tell you what the Constitution means. It was a fast-paced and fun interview, and I appreciate Suzanne inviting me to join her on her show.Details
The media loves to trot out college professors as a way to shoot down every attempt to resist federal power. They’re cited as experts, and they almost always favor more federal power. Today we’ll cover a common example which shows they often don’t have a clue what they’re talking about.Details
Have you ever read an article that you were not sure what stance the author takes on the subject but presents both sides of the argument at once? I had the distinguished experience recently when I was reading the article titled “Sheriffs, State Lawmakers Push Back on Gun Control” on the Newsmax website (see: http://www.newsmax.com/Newsfront/Gun-Control-Pushback/2013/01/17/id/471825). It was a little confusing until I got about half way through it and read a quote by Sam Kamin.
Sam is a constitutional law professor at the University of Denver. One would think that if someone was a law professor that they would actually know and understand the law. Or in this case, a constitutional law professor – who should then know and understand the constitution. It is highly unfortunate when people like Sam misspeak about a subject. Their title gives them some credibility so people think what they say is true because they are supposedly an “expert”. But, when they make a mistake it is still a mistake.
The Supremacy Clause of Article VI, Clause 2 reads:
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.
Sam makes the comment that state legislatures can pass any laws they want but that the Supremacy Clause of the Constitution makes such actions unconstitutional. He further states that when there is a conflict between state and federal law, the federal government is supreme. Nothing could be farther from the truth. His blanket statement implies that the state laws are not necessary and state governments are not necessary because the federal government and its laws are supreme.Details