Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Red in Blue PA

This creates an interesting situation. Here is the background.

1) At various points, the SCOTUS established that the US congress is superior to state legislatures, and that the federal courts are superior to state courts. However, they have *never* decided that the POTUS is superior to state governors. So when they come to loggerheads, the only way the POTUS can enforce his will is by sending in the Army.

The last time this happened was President Eisenhower against governor Orval Faubus of Arkansas, to forcibly integrate the Little Rock high school. Faubus called out the state guard, which Eisenhower trumped with the 101st Airborne Division.

2) I say this as background, because the SCOTUS has also *never* found that state governors are superior to county Sheriffs, who are the top legal authority in a county, and in common law, county Sheriffs are also the leader of the county militia.

3) Thus, a county Sheriff could ignore state and federal law to a great extent, by declaring that all “adult persons of good character” are part of the militia, for which they may be required (not enforced) to be armed. In effect, they are law enforcement officers. So if the state or federal government try to disarm them, they can only do so if they disarm *all* law enforcement personnel in the state.

The bottom line is though the legislature has outlawed certain weapons and magazines for “public” ownership, they cannot reasonably outlaw it for LEOs as well, or they would be helpless against criminals.


7 posted on 03/17/2013 1:50:02 PM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: yefragetuwrabrumuy
This is a brilliant analysis. I’m too old for militia work; well, maybe as a chaplain though. But I’m always willing to help my county Sheriff, as he has helped me in the past.

Sheriff Maketa in El Paso County (Colorado Springs) has made similar statements regarding enforcement of these infringements. Many sheriffs have testified in our legislature against these so-called laws. Really it’s the City and County of Denver (plus some outliers like the municipality of Aurora) against the whole state. I won’t spend a dime in Denver, except for parking sometimes, and I pray daily that the governor’s pen runs dry.

14 posted on 03/17/2013 3:37:08 PM PDT by Unknowing (Now is the time for all good men to come to the aid of their country.)
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson