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Another "Supremacy Clause" Showdown?

Mike

Well-known member
We've already heard OT's views and really don't want to hear them again.


A Texas lawmaker says he plans to file the Firearms Protection Act, which would make any federal laws that may be passed by Congress or imposed by Presidential order which would ban or restrict ownership of semi-automatic firearms or limit the size of gun magazines illegal in the state, 1200 WOAI news reports.

Republican Rep. Steve Toth says his measure also calls for felony criminal charges to be filed against any federal official who tries to enforce the rule in the state.

"If a federal official comes into the state of Texas to enforce the federal executive order, that person is subject to criminal prosecution," Toth told 1200 WOAI's Joe Pags Tuesday. He says his bill would make attempting to enforce a federal gun ban in Texas punishable by a $50,000 fine and up to five years in prison.

Toth says he will file his measure after speaking with the state's Repubicans Attorney General, Greg Abbott, who has already vowed to fight any federal measures which call for restrictions on weapons possession.

Toth concedes that he would welcome a legal fight over his proposals.

"At some point there needs to be a showdown between the states and the federal government over the Supremacy Clause," he said.

The Supremacy Clause is the portion of the Constitution which declares that federal laws and statutes are 'the supreme law of the land.'

"It is our responsibility to push back when those laws are infringed by King Obama," Toth said.

Texas is the second state to propose a measure to shield the state from the impact of any gun possession restrictions imposed by Congress or by Presidential order. A similar measure was introduced in Wyoming last week.



Read more: http://radio.woai.com/cc-common/mainheadlines3.html?feed=119078&article=10700507#ixzz2I4cvvKIh

10th Amendment:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
 

Traveler

Well-known member
http://dailycaller.com/2013/01/14/gop-congressman-threatens-impeachment-if-obama-uses-executive-action-for-gun-control/



Texas Republican Rep. Steve Stockman threatened Monday afternoon that he would file articles of impeachment against President Barack Obama if he institutes gun control measures with an executive order.

Stockman warned that such executive orders would be “unconstitutional” and “infringe on our constitutionally-protected right to keep and bear arms.” (RELATED: Levin: If Obama sidesteps Congress on debt ceiling, ‘no choice’ but impeachment)

“I will seek to thwart this action by any means necessary, including but not limited to eliminating funding for implementation, defunding the White House, and even filing articles of impeachment,” Stockman said in a statement.

At his press conference Monday, Obama floated the possibility of using executive action to enact policies aimed at reducing gun violence.

The freshman congressman, who served one term in Congress in the mid-1990s, further labeled the possibility “an existential threat to this nation” because, he said, the purpose of the Second Amendment is to allow the people to protect themselves from tyranny. (RELATED VIDEO — Walter Williams: People misunderstand the point of the Second Amendment)

“Any proposal to abuse executive power and infringe upon gun rights must be repelled with the stiffest legislative force possible,” he added. “Under no circumstances whatsoever may the government take any action that disarms any peaceable person — much less without due process through an executive declaration without a vote of Congress or a ruling of a court.”

He concluded by claiming that an executive order would be not just “not just an attack on the Constitution,” but also an “attack on Americans.”

“If the president is allowed to suspend constitutional rights on his own personal whims, our free republic has effectively ceased to exist,” he said.


Read more: http://dailycaller.com/2013/01/14/gop-congressman-threatens-impeachment-if-obama-uses-executive-action-for-gun-control/#ixzz2I5PsTJZk
 
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