Oregon County Stands To Defy Federal Gun Laws
The People of Coos County, Oregon, are standing up against unconstitutional federal laws! However, according to an interview in World Net Daily, The Heritage Foundatio says they are wrong to do so. So let’s see what the founders of the Constitution say…
Coos County, Oregon, has passed an ordinance that says that the Sheriff is not to enforce any unconstitutional laws in their county.
But the Heritage Foundation says:
… the Supremacy Clause in the Constitution leaves “no question that federal law trumps state law”…(Hans von Spakovsky, a senior legal fellow at The Heritage Foundation)
No, Mr. von Spakovsky, you are wrong. The Supremacy Clause says the Constitution is the Supreme Law of the Land, and federal laws are ONLY supreme if they are made in compliance with the Constitution. The Supremacy Clause (Article VI sec 2) is a very simple statement, and it doesn’t need complicated legal analysis. It says what it means and means what it says.
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; …shall be the supreme law of the land.”
That means that if federal law is contrary to the Constitution, it is NOT the Supreme Law of the Land. Not only that, Alexander Hamilton tells us that any law that is contrary to the Constitution is NO LAW at all.
“No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” Federalist #78
The Heritage Foundation then claims that the sheriff is an “agent of the state” and has to abide by Oregon law; if the state passed a law that requires its officials, including the sheriff, to violate the Second Amendment, individual citizens could pursue a lawsuit, or he could resign from his job. (Andrew Kloster, Legal Fellow at The Heritage Foundation)