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“The Victory For State Sovereignty”

on Sep 18 in Articles by

An 18-page booklet titled “The Victory For State Sovereignty”, written by Retired Arizona Sheriff, Richard Mack, is an abridged presentment of the 1997 opinion by the Supreme Court of the United States in the Mack/Printz v. USA case. The booklet also contains a “forward” and “summary” by Sheriff Mack. We sincerely request that you read this very short booklet and apply its lessons to all attempts by those in the United States government to impose “federal regulatory programs” on any Pennsylvania Citizen and/or on the Pennsylvania government or any of the political subdivisions thereof.

This case was a 10th Amendment challenge, initiated by Sheriff Richard Mack, to the constitutionality of the 1993 Brady Handgun Violation Prevention Act.

Justice Scalia delivered the majority opinion of the Court.  The Court’s Order states:

“We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State’s officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States’ officers, or those of their political subdivision, to administer or enforce a federal regulatory program. It matters not whether policy making is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”

There are many alleged laws that are either unconstitutional or unconstitutionally applied.

We also realize that many individuals in government, particularly attorneys, say that “you must do what the United States government says” or that “the issue is a federal matter and the State cannot question it.” Clearly, as the Mack case opinion confirms, those in State government must always question the constitutionality of everything today, especially the commands of the United States government.  Each branch of the State government has a duty and responsibility to “nullify” unconstitutional mandates. Some current examples of federal regulatory programs that we think should be immediately “nullified” are: “Obamacare” (2010), “Real ID” (2005) and the “Food Safety Act” (2010).  There are obviously many other alleged laws which must be nullified.

To learn more about nullification, we recommend that you obtain and read the 2010 book: NULLIFICATION – HOW TO RESIST FEDERAL TYRANNY IN THE 21ST CENTURY by Thomas E. Woods, Jr.  – ISBN 978-1-59698-149-2.

We look forward to continue working with you and others to help understand and lawfully solve the very serious problems that confront us all.

Sincerely yours,
William Taylor Reil and Donna Fike
Co-Coordinators of CSBP

 

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