Iowa Subcommittee Passes Bill to Ban Enforcement of Federal Gun Control; Past, Present and Future
BY Herschel Smith
1 year, 8 months ago
The federal government relies heavily on state cooperation to implement and enforce almost all of its laws, regulations and acts – including gun control. By simply withdrawing this necessary cooperation, states and localities can nullify many federal actions in effect. As noted by the National Governors’ Association during the partial government shutdown of 2013, “states are partners with the federal government on most federal programs.”
Based on James Madison’s advice for states and individuals in Federalist #46, a “refusal to cooperate with officers of the Union” represents an extremely effective method to bring down federal gun control measures because most enforcement actions rely on help, support and leadership from state and local governments.
Fox News senior judicial analyst Judge Andrew Napolitano agreed. In a televised discussion on the issue, he noted that a single state taking this step would make federal gun laws “nearly impossible” to enforce.
“Partnerships don’t work too well when half the team quits,” said Michael Boldin of the Tenth Amendment Center. “By withdrawing all resources and participation in federal gun control, states and even local governments can help bring these unconstitutional acts to their much-needed end.”
The state of Iowa can legally bar state agents from enforcing federal gun control. Refusal to cooperate with federal enforcement rests on a well-established legal principle known as the anti-commandeering doctrine.
Simply put, the federal government cannot force states to help implement or enforce any federal act or program. The anti-commandeering doctrine is based primarily on five Supreme Court cases dating back to 1842. Printz v. U.S. serves as the cornerstone.
Despite all of the accolades for the appropriateness of the action being taken by this subcommittee, I see efforts like this as toothless.
They are necessary first steps, but proponents should see them as such. Until they send county Sheriffs after FedGov agents who attempt to enforce federal infringements, this just isn’t a serious effort. FedGov agents must be imprisoned when they attempt their infringements, or else they won’t stop.
Non-cooperation isn’t nullification.
On February 28, 2023 at 12:49 pm, Chas said:
I’d like to see where the state will stand if a few feds get popped when they initiate a fed gun grab at a citizens home….