Missouri governor Jay Nixon cited the constitution’s supremacy clause as his reason for vetoing the Second Amendment Preservation Act (House Bill 436) on Friday July 5th. The act would have made it a crime for a federal agent to infringe on the rights of the people to keep and bear arms. The clause the governor cited essentially states that federal laws (as they relate to the constitution) supersede state laws.
The insanity of the decision stems from Governor Nixon’s use of the constitution to veto a bill that enforces the constitution. A commenter on the article elaborates below.
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Darkwolfe – Nixon’s use of the Supremacy Clause shows a distinct failure to understand the Constitution. The Supremacy Clause states very clearly that Federal Laws pursuant to the Constitution are supreme over State Laws. However, Federal Laws that are are not pursuant to the Constitution are (quite literally) illegal under the Constitution. Since Federal gun control laws are infringements on the Second Amendment, those are effectively illegal and the Second Amendment Preservation Act is the nullification of those violations of the Constitution.
I refer any doubters to the Kentucky and Virginia Resolutions of 1798 and 1799 for precedent of the nullification process enabled by the Tenth Amendment.
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