Written by Joe Wolverton, II, J.D.
In what must be bad news to Attorney General Eric Holder (and his boss in the Oval Office), results of a new Rasmussen poll indicate that 49 percent of respondents believe that the regulation of gun ownership is a state or local issue.
On May 3-4, 2013, Rasmussen Reports polled the opinions of 1,000 likely voters. The margin of sampling error is +/- 3 percentage points.
What is even less favorable to the administration’s program to exalt the federal government above the states is the poll’s finding that 44 percent of those who participated in the survey believe states retain the right to nullify any act of the federal government they deem constitutionally invalid.
Simply stated, nullification is the exercise by a state or states of the right to hold as null, void, and of no legal effect any act of the federal government that exceeds the boundaries of the powers given to it by the states in the Constitution.
The issue, while not new, has regained prominence recently as the federal government has enacted ObamaCare and various gun control restrictions. Opponents of these efforts point to the fact that the authority to do neither of these things is granted to the federal government in the Constitution. Therefore, states are flexing their sovereign muscles, nullifying these and other attempts by the federal government to constrict the scope of liberty.
Of more particular interest to those in the liberty movement (especially elected officials looking to communicate with likely supporters) is the Rasmussen report that of “mainstream voters” who participated in the survey, 52 percent say that state governments have the right to refuse to enforce any federal act with which they disagree “on legal grounds.”
Read that again: A majority of Americans who vote believe that the federal government does not have the exclusive or the ultimate right to impose its rule on states that regard its acts as unconstitutional or illegal.
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