Federal Judge Brian C. Wimes
Appointed by: Barack Obama
Posted on 04/01/2023 4:32:42 AM PDT by marktwain
On March 6, 2023, federal Judge Brian C. Wimes ruled the Missouri Second Amendment Protection Act was unconstitutional, claiming the Act violates the Supremacy clause of the US Constitution, invalidates federal law, and violates the doctrine of “intergovernmental immunity”.
On June 12, 2021, Governor Parson signed the Missouri Second Amendment Protection Act (SAPA). The act prohibits state and local officers from cooperating with Federal agents to enforce certain federal laws, mostly to do with firearms.
The Federal court system has long held states cannot be compelled to use their resources to enforce federal laws. States are not required to explain why they do not wish to use those resources to enforce federal laws. They have the power to refuse to do so. To hold otherwise is to collapse the power-sharing between states and the federal government into a monolithic entity controlled by the federal government. This doctrine is known as the anti-commandeering doctrine.
From the opinion:
SAPA is an unconstitutional “interposit[ion]” against federal law and is designed to be just that. Id. Section 1.410(5) states the Missouri General Assembly’s declaration that the Supremacy Clause “does not extend to various federal statutes, executive orders, administrative orders, court orders, rules, regulations, or other actions that collect data or restrict or prohibit the manufacture, ownership, or use of firearms, firearm accessories, or ammunition exclusively within the borders of Missouri . . . .” Mo. Rev. Stat. § 1.410(5).
(Excerpt) Read more at ammoland.com ...
Who cares what the words on a piece of paper say. The Ds want it, so there.
States rule! Feds drool!
No problem, just use state resources to investigate Federal Judge Wimes, he said it was ok! He should be perfectly happy with massive state investigations of every facet of his professional and personal life...... 🤣🤣🤣🤣
Impeach this clown.
But it’s just fine and dandy when leftist- controller cities snd states refuse to assist or even hold illegal aliens for the federal immigration authorities.
Appointed by: Barack Obama
He’s Black
Impeach this clown.
________________________
There is a fascinating follow-on issue to this Federalism matter. It is that the Sheriff is the chief law enforcement officer in the various State counties. This means that no law enforcement action is to take place in the county without the sheriff’s knowledge and approval. How is any Federal action going to occur unilaterally without that approval?
Lettuce see: Is the Missouri dictator-of-state (er, governor) a social-communist-democrat?
Worse yet, he was appointed by Obama. So, his constitutional law must be non-existent.
Just for curiosity, what does that have to do with this federal judicial decision?
How so? Where do you find this doctrine?
Federal officers often act without the knowledge of a sheriff. So do state officers.
Sheriffs may be the highest law enforcement officer in their county. That does not give them a veto over other agencies, as far as I can see.
Please show me any legal document where they have such authority.
He looks like a worn out dildo.
Not to mention Federal drug laws.
That’s up to Congress, since 1803, the House of Representatives has impeached only 15 judges. So I think the state should investigate the Judge. Subpoena all his records.
Ding Ding Ding!!!!!
You win the internet today!!!!
“Impeach this clown.”
How about the governor of the state simply stating the federal judge has overstepped his authority and the state will ignore the ruling? Remind the judge, the federal government, and the people of the state about the 10th Amendment.
Nothing in the Constitution gives individual federal judges the power to overturn the laws passed by state legislatures. That power has been interpreted into the Constitution by the courts. That power can just as easily be denied by the states.
Tyranny reigns because elected leaders bow down instead of saying NO.
My first thought was that he was a 13%er. I was not wrong. I’m still disappointed, but only because a federal judge is this unconscionably stupid.
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