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Our Strength is Fortified by the Supreme Court

on Sep 22 in Articles by

On June 27, 1997, in the famous Mack v U.S. case, the United States Supreme Court declared that the law restricting and regulating gun ownership, known as “The Brady Bill”, was unconstitutional. In that ruling, the Court clearly stated that the States were “not subject to Federal direction. That case reinforced the fact that local officials have the right, the power and the duty to restrict and override laws and regulations imposed by the Federal Government when those laws and regulations extend beyond the strict limitations of the Constitution.

In that ruling, Justice Scalia wrote, “The Federal Government may not compel the States to enact or enforce a federal regulatory program.” They do not have power over State or County officials to demand compliance. This is the ultimate check and balance against an oppressive tyrannical government. The Governor of each State, and the Sheriff of each County can say ’NO” to every unconstitutional law and regulation and refuse to allow it to be implemented within their jurisdiction. In fact, the Governor and the Sheriff take a solemn oath of office to do exactly that.

Based upon the limited enumerated powers granted to the Federal Government by the United States Constitution in Article 1; Section 8, and by the 10th Amendment, the EPA, FCC, OSHA, HUD, ATF, SEC, Dept. of Education, Federal Reserve, Departments of Welfare, Medicare, Medicaid, Social Security and the IRS (to name a few) were never allowed to exist. These agencies were never meant to have control of or interfere with our lives, our businesses, our money, our homes, our water, our air, our land, our guns or our children.

James Madison said, “We can safely rely on the disposition of the State Legislatures to erect barriers against the encroachments of the national authority.”

In the Sheriff Mack case, the Supreme Court further reiterates Madison’s proclamation by stating, “The great innovation of this design [The Constitution] was that our citizens would have two political capacities, one State and one Federal, each protected from incursion by the other, a legal system unprecedented in form and design, establishing two forms of government, each with its own direct relationship, its own privities, its own set of rights and obligations to the people who sustain it and are governed by it.”

Justice Scalia then quotes James Madison, “The local [County] or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.”

Government on the federal level must remain within its proper sphere. The original intent of our founders is that the federal sphere must remain limited and impotent, with regard to the other, more powerful spheres at the state and local [County] level.

David Barganier

Director, Lancaster County Sheriff Brigade

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