Supremacy Law – Article VI of the United States Constitution
Many people do not understand the Constitution or the Rule of Law in America. Sometimes I wonder if our government does either. The Supremacy Law clearly defines what roles States and our Federal Government play in the rule of law.
Lately there has been some unchallenged State Laws that have been put into place without intervention from the Federal Government. The Marijuana Legalization laws for example are a test of our Federal Government not exercising their rights under article VI of the United States Constitution. Now I am not going to agree or disagree with pot smokers however Federal Law under article VI makes marijuana illegal in the United States. To go further, this includes the recently passed Sanctuary State Law in California.
These laws are illegal and would meet the challenge of the United States Supreme Court as being illegal. States like California cannot make up their own rules and regulations lessening restrictions on existing Federal Laws. This is a criminal act. In the Sanctuary State Law for example, Governor Brown and every single member of the legislature that voted yes for Sanctuary State Status should be arrested, placed in jail and be required to serve time for violating federal law. In addition they should be held civilly and financially liable for every illegal action by a person here illegally as well as damages to private citizens. As for marijuana it has been proven to have some medical benefits, however its recreational use is extremely dangerous, especially when people operate motor vehicles and equipment under the influence. A CHP Officer was killed over the Christmas holiday by a person driving high in Oakland, CA.
The bottom line is that if the people want these laws to be changed, they must be changed on the federal level. States cannot do what they want. Lets look at Article VI clause two:
Clause two provides that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.
Today in California Senate Bill AB1578 was introduced to stop law enforcement from helping federal agents enforce Federal Marijuana laws. California is requiring a background check to buy ammunition by law-abiding citizens. Isn’t this going too far? The Tenth Amendment to the Constitution does not allow states to ignore federal law as some propose. Read the United States vs. Darby Lumber Co. in 1941. The Supreme Court was clear that states must follow federal law according to the constitution and the 10th Amendment to the Constitution does not exempt them.
What is the point of having 50 states unified under the constitution when no rule of law exists? What is the point of Federal Laws when states just do what they want with no consequences? Where is the intervention from the Supreme Courts? Where is the intervention from the Executive Branch of the Federal Government? Why hasn’t legislators that have put these illegal laws on the books been arrested? When will our constitution be followed instead of being shredded?
It does not take a genius to understand that the fabric that made our country great is being torn up by lawmakers that “Think” they know what is best for us. I know what is best for me. It is less government, less welfare, less taxes and less laws.