Pls also tell the reason
5.7K opinions shared on Society & Politics topic. More like a rule of thumb for the Justice Department:
Any members of local or state governments that believe a Federal law or rule is unconstitutional must file a grievance via the judicial process by filing a petition with the relevant Federal Court that would have original jurisdiction.
However, if they have not pursued that path, then any members of local or state governments that willingly enact or enforce legislation that clearly and unambiguously attempts to violate the Supremacy Clause of Article VI of the US Constitution will be charged with violating 18 U. S. Code § 2384 - Seditious conspiracy and/or possibly 18 U. S. Code § 2383 - Rebellion or insurrection.
UNITED STATES CODE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I—CRIMES (§§ 1 – 2725)
CHAPTER 115—TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES (§§ 2381 – 2391)
§ 2383. Rebellion or insurrection
§ 2384 - Seditious conspiracy
18 U. S. Code § 2383 - Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
18 U. S. Code § 2384 - Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
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https://www.law.cornell.edu/wex/supremacy_clause
Article VI, Paragraph 2 of the U. S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
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Article VI
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
/* THIS IS THE SUPREMACY CLAUSE */
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.
The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
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A lot of frivolous lawsuits would be avoided and a lot of bloviating GOP governors would think twice before signing laws that clearly are unconstitutional violations of the Supremacy Clause.
Here's an example:
In June 2021, Missouri enacted HB 85 aka the Second Amendment Preservation Act. The law basically says something akin to "If you help the Federal Government enforce its gun laws in Missouri, you are committing a crime in Missouri."
Needless to say, this is violation of the Supremacy Clause and lots of local law enforcement officials have sued Missouri over this because they are obligated to follow US law but, by doing so, violate Missouri law. And, of course, the US Justice Department filed a suit in Federal Court that HB85 is a violation of the Supremacy Clause.
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www.npr.org/.../department-of-justice-sues-missouri-over-gun-rights-law
Department of Justice sues Missouri over gun rights law
February 17, 2022
The Department of Justice has asked a federal judge to block a Missouri law that allows private citizens to sue law enforcement agencies and officers for $50,000 if they can show their state gun rights were infringed upon. Gov. Mike Parson signed the Second Amendment Preservation Act last year, and since then, counties, cities and dozens of Missouri police chiefs have challenged it.
The law, known as H. B. 85, invalidates in Missouri five specific federal gun law categories, such as ones prohibiting the gun ownership by some felons, confiscation orders, and registration laws.
The complaint filed in federal court in Jefferson City, Mo., on Wednesday says "the overall purpose and effect of H. B. 85 are thus to nullify federal firearm laws and to affirmatively interfere with their enforcement."
"This act impedes criminal law enforcement operations in Missouri," U. S. Attorney General Merrick Garland said in a statement. "The United States will work to ensure that our state and local law enforcement partners are not penalized for doing their jobs to keep our communities safe."
Federal law enforcement agencies often deputize local law enforcement, granting them authority to enforce federal laws. The complaint alleges that H. B. 85 hinders that cooperation and endangers public safety. It lays out examples of successful partnerships, such as the Columbia Violent Crimes Task Force, that the Department of Justice says resulted in the recovery of 55 guns from people prohibited from owning them under federal law and 35 arrests of people for violation of state law.
Critics of the law within Missouri have sued to overturn it. A case brought by St. Louis and Jackson County, which includes Kansas City, made their case before the state supreme court last week. The complaint says more than 60 "Missouri law enforcement officials have filed affidavits confirming that H. B. 85 has hindered law enforcement's ability to defend and protect Missouri citizens." Those affidavits are in support of a challenge to the law filed by Arnold, Mo., a suburb of St. Louis.
"It has a very severe effect, an incredibly severe effect," Kansas City Mayor Quinton Lucas told NPR. "Registering firearms, we find, into a federal database is something that more law enforcement departments in Kansas City and Missouri are avoiding."
Member station KCUR reports that more than 12 local law agencies have ended partnerships with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Missouri Attorney General Eric Schmitt, who is running in the Republican primary for an open Senate seat, said he'd challenge the suit.
"Time and again, the Biden administration has put partisan politics ahead of public safety. Make no mistake, the law is on our side in this case, and I intend to beat the Biden administration in court," he said in a statement.
Parson, who noted at the bill signing in June that he was once a sheriff, framed the law as a tool for the state to stand up to the federal government.
"It's time to take a stance to protect the Constitution, protect the bill of rights," Parson said at the time.
But the complaint alleges the law violates the supremacy clause of the U. S. Constitution. "A state cannot simply declare federal laws invalid," said Brian Boynton, head of the Justice Department's Civil Division. "This act makes enforcement of federal firearms laws difficult and strains the important law enforcement partnerships that help keep violent criminals off the street."05 Reply- +1 y
If I was President, I would not tolerate this shit.
I'd summon MO Governor Mike Parsons to the White House and, in no uncertain terms, let him know that I will "Go Eisenhower on your ass" [*] if that law is not repealed or amended within 1 month. Missouri is free to petition against the United States (the legal name for the Federal Government) in Federal Court regarding gun laws it feels are unconstitutional. But, that Missouri law cannot remain standing.
After that meeting, I'd write and sign an Executive Proclamation that the Executive Branch has deemed that the law passed by the State of Missouri is currently in violation of the Supremacy Clause and that, as Chief of the Executive Branch, it is my sworn and solemn duty to enforce the laws of the United States and that the law cannot stand. Furthermore, the Department of Justice will be accordingly filing suit in Federal District Court to permanently enjoin the law. (And then here's the kicker) The Executive Branch considers Missouri's actions as an act of rebellion. It is in Missouri's best interests to quickly and unambiguously dissuade the Executive Branch of this belief because the laws of the United States will be enforced because, as President, I affirmed that "I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." This includes defending the Constitution from deliberate rebellious acts in violation of the Supremacy Clause.
- +1 y
[*]
www.archives.gov/.../executive-order-10730
EXECUTIVE ORDER 10730
PROVIDING ASSISTANCE FOR THE REMOVAL OF AN OBSTRUCTION OF JUSTICE WITHIN THE STATE OF ARKANSAS
WHEREAS on September 23, 1957, I issued Proclamation No.3204 reading in part as follows:
"WHEREAS certain persons in the state of Arkansas, individually and in unlawful assemblages, combinations, and conspiracies, have willfully obstructed the enforcement of orders of the United States District Court for the Eastern District of Arkansas with respect to matters relating to enrollment and attendance at public schools, particularly at Central High School, located in Little Rock School District, Little Rock, Arkansas; and
"WHEREAS such willful obstruction of justice hinders the execution of the laws of that State and of the United States, and makes it impracticable to enforce such laws by the ordinary course of judicial proceedings; and
"WHEREAS such obstruction of justice constitutes a denial of the equal protection of the laws secured by the Constitution of the United States and impedes the course of justice under those laws:
(more)
- +1 y
"NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States, under and by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10 of the United States Code, particularly sections 332, 333 and 334 thereof, do command all persons engaged in such obstruction of justice to cease and desist therefrom, and to disperse forthwith;" and
WHEREAS the command contained in that Proclamation has not been obeyed and willful obstruction of enforcement of said court orders still exists and threatens to continue:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and Statutes of the United States, including Chapter 15 of Title 10, particularly sections 332, 333 and 334 thereof, and section 301 of Title 3 of the United States Code, It is hereby ordered as follows:
(more) - +1 y
SECTION 1. I hereby authorize and direct the Secretary of Defense to order into the active military service of the United States as he may deem appropriate to carry out the purposes of this Order, any or all of the units of the National Guard of the United States and of the Air National Guard of the United States within the State of Arkansas to serve in the active military service of the United States for an indefinite period and until relieved by appropriate orders.
SEC. 2. The Secretary of Defense is authorized and directed to take all appropriate steps to enforce any orders of the United States District Court for the Eastern District of Arkansas for the removal of obstruction of justice in the State of Arkansas with respect to matters relating to enrollment and attendance at public schools in the Little Rock School District, Little Rock, Arkansas. In carrying out the provisions of this section, the Secretary of Defense is authorized to use the units, and members thereof, ordered into the active military service of the United States pursuant to Section 1 of this Order.
SEC. 3. In furtherance of the enforcement of the aforementioned orders of the United States District Court for the Eastern District of Arkansas, the Secretary of Defense is authorized to use such of the armed forces of the United States as he may deem necessary.
SEC. 4. The Secretary of Defense is authorized to delegate to the Secretary of the Army or the Secretary of the Air Force, or both, any of the authority conferred upon him by this Order.
DWIGHT D. EISENHOWER
THE WHITE HOUSE,
September 24, 1957
Most Helpful Opinions
414 opinions shared on Society & Politics topic. No member of the congress, senate, or presidency shall have any financial stakes for the sole purposes of campaign contributions or financial gain while in office in the fallowing...
Land
Financial Institutions (Domestic and Foreign)
Fossil Fuels
Natural Resources
Health care
Medical prescription drugs
Stocks in large corporations pertaining to the items listed in this article.
Housing
Food
Industrial industries
Education...
Any violation of the article shall be deemed a violation of the houses and will be deemed an immediate dismissal of the office being held.
Of the fallowing things I have seen politicians get into trouble for, its pertaining to one of these. Insider trading and cognitive dissonance when they lie to you. These are supposed to be servants of the people, and so far they have do nothing but work for people with deep pockets and large bank accounts.00 Reply
- 6.9K opinions shared on Society & Politics topic.
+1 yThe Constitution must be reviewed in its entirety every 50 years to make sure it's still fit for purpose.
Reason, it would stop future generations being held ransom to the ideals of their ancestors.00 Reply
11.9K opinions shared on Society & Politics topic. No law, ordinance, rule etc. shall be passed that interferes with a woman's right to birth control and abortion.
015 Reply
What Girls & Guys Said
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11Opinion
+1 yHomeless people Are not allowed to be homeless and the government is Legally required to tons of buildings to end Homelessness ounce and for all no matter how much it cost The government Will use its money to Destroy Homelessness for good
I don’t need a reason the word homelessness explains it all Without explanation00 ReplyMaybe not a Constitutional law, but I strongly believe false sexual assault allegations, especially rape, should deserve prison time. At least half the amount the actual perpetrator would've faced, if convicted.
00 Reply5.3K opinions shared on Society & Politics topic. Take private money out of politics. https://wolf-pac.com/the_solution/
00 Reply- 3.9K opinions shared on Society & Politics topic.
+1 yIt's a petty correction, but additions or changes to the US Constitution are called Amendments not laws.
00 Reply Unless someone is violating the person or property of another, leave that person alone.
00 Reply
Anonymous(18-24)+1 yNo one party rule in Congress. That will make them work together and not against each other.
10 Reply8.2K opinions shared on Society & Politics topic. I would be nullifying the government's ability to lobby. It's literally what makes a fascist state more than just an authoritarian hellhole.
00 Reply
Anonymous(36-45)+1 yWhen you fill out all the paper work to run for office, your automatically on the ballot no questions asked. This would insure 3rd party candidates can't be removed/kicked off ballots.
00 Reply
+1 yThe rich MUST pay the same amount of taxes as the middle class. The poor pay none
00 Reply
+1 yProbably laws protecting us form leftists.
00 Reply18.6K opinions shared on Society & Politics topic. Mandatory higher ed
01 Reply
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