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Kansas Suppressor Case an Opportunity for Trump to Show ‘Firearms Freedom’ Support

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We’ll be testing that promise. Here’s one way he can keep it, and show he’s also committed to saving and protecintg the 9th and 10th Amendments.

“Two Kansans face up to a decade in prison for making and selling silencers without registering them with the federal government or paying the special taxes,” Wichita CBS affiliate KWCH12 reported Tuesday. “They say it’s allowed under state law. But a federal jury says it’s illegal.”

The defendants were relying on the Kansas Second Amendment Protection Act, a duly enacted law citing Second, Ninth and Tenth Amendment protections against federal infringements, declaring:

A personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Kansas and that remains within the borders of Kansas is not subject to any federal law, treaty, federal regulation, or federal executive action, including any federal firearm or ammunition registration program, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce.

That’s been the position proponents of state Firearms Freedom Acts have been arguing for years, as efforts to the one first pioneered in Montana, have enjoyed various levels of acceptance and advancement in the states.  The jury, obviously unschooled in its power to judge law as well as fact, sided with the government’s position, which is basically “Too bad. Get our permission and pay us tribute or be destroyed.”

That point has been emphasized – in no uncertain terms – in letters to Federal Firearms Licensees sent out by ATF in response to states that have the audacity to think otherwise. Bureaucrat Carson W. Carroll, Assistant Director, Enforcement Programs and Services (one of the “swarms of officers” decried in the Declaration), has made that more than clear (except for what actual “services” his department provides). A legal challenge, filed by the Montana Shooting Sports Association and Second Amendment Foundation, died the death when the Supreme Court passed on taking up MSSA v. Holder.

Unfortunately, competing efforts in Congress to treat suppressors the same as long guns look like they’re going nowhere. GovTrack gives identical Senate and House bills, S.2236 and H.R.3799, the Hearing Protection Act of 2015, both stuck in committee, a “1% chance of being enacted.”

So what we’re left with while dithering is going on are good Americans who believed (correctly) they had a right to do what they did, now facing life-destroying punishments from a government ignoring two clear mandates: “…to secure the Blessings of Liberty to ourselves and our Posterity” and “shall not be infringed.” We’re also left with the states and the people not just being ignored by the national government, but in-their-faces ruled.

It’s reminiscent of another case, that of Wayne Fincher, who made a machine gun specifically not for interstate commerce. The judge did not allow mention of the Constitution and Second Amendment in “his” court room. While serving his 6 ½-year sentence, Fincher was not allowed out on guarded furlough to attend his wife’s funeral.

While gun owners and others who supported him are looking for Donald Trump to live up to his pledge to appoint federal and Supreme Court justices who will uphold the Second Amendment (and all of the Bill of Rights), the Kansas defendants shouldn’t have to wait for the years it could take with such a terrible sword, such unsustainable expenses, and such uncertainty, disruption and punishment hanging over their heads. As president, he’ll hold great sway over the Department of Justice and over ATF. There’s no shortage of arbitrary rules and injustices that could be addressed through the right appointments issuing new management directives, and also via executive actions.

Trump has promised Kent Terry, brother of slain Border Patrol Agent Brian Terry, that he will “open the books” on Operation Fast and Furious “gunwalking.” Part of that scrutiny needs to include looking at the systemic waste, abuse, corruption and fraud that led to that criminal conspiracy – and a host of unjust and inconsistent rules — in the first place.

True, the preferred solution would be to abolish agencies that have no Constitutional basis for existence. Realistically, until such time as that becomes politically feasible, gun owners can still focus on lost ground we can take back. There have already been plenty of suggestions for what Trump can do to make good on his campaign promises, things like national reciprocity, ending gun bans at military bases, rescinding import bans and the like.

Why not add to that a position to honor the Firearms Freedom laws enacted by the states?

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DavidC

David Codrea blogs at The War on Guns: Notes from the Resistance (WarOnGuns.com), and is a field editor/columnist for GUNS Magazine. Named “Journalist of the Year” in 2011 by the Second Amendment Foundation for his groundbreaking work on the “Fast and Furious” ATF “gunwalking” scandal, he is a frequent event speaker and guest on national radio and television programs.

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36 comments

  1. Don’t pop the cork yet patriots. The battle may be only beginning. Soros, Pelosi, Warren and eddelson met behind closed doors for 3 days and may have hatched a plan to undermind the recent constitutiinal election, by corrupting the Electoral College. See news video here https://youtu.be/HU8k6LWxbDw. The odds seem very low of any chance of success but consider the fact that Donald Trump announced on public TV during the debates, that he would request his Attorney General to look into her situation. Most already feel that Hillary makes Al capone look like a Sunday school teacher. Make no mistake that, before Hillary called Donald Trump on election night to concede the election, she called all her cohorts, to explain their soon to be living arrangements inside a federal penitentiary. Those people might include the majority of the congress, the entire DNC, many in corporate America, titans of wall street and the puppet master George Soros, add the fact that Donald Trump has based his entire campaign on “Drain the Swamp” you have to admit, that this “Hail Mary” pass is the only hope the worlds criminal elite have to avoid jail, aside from a Kennedy style type of event occuring. Donald Trump however, did insure against such an incident by chosing Mike Pence as his running mate, which many fear may be more dangerous than Trump. Would you agree that the chances for the possibility of a coup by the elite are higher than before you read this post?

    1. Dave, we are in agreement that they are doing all they can to find a way, by hook, crook, or bomb, to retain power. See our expose on that here:

      https://oathkeepers.org/navyjack-globalist-elite-plan/

      And see my comments today toward the bottom of this post:

      https://oathkeepers.org/neighborhood-watch-with-teeth/

      A fight is coming. There is no way around that. All we can do is retain the moral high ground, keep our cool, and get ready for the coming civil war. The radical Marxist left in this nation has made it clear they have no interest at all in respecting our electoral process or accepting defeat in a peaceful manner. They have taken off the mask, and will soon take off the gloves and initiate violence. We need to let them fire the first shot. Stewart

      1. Stewart, I hear a lot of talk about how Americans, real Americans, will rise up when the time comes. I’ve heard it hear, I’ve heard it there, I’ve heard it on the radio, and in the bar room.
        However, no one has told me where to muster, who will be in authority, and listed all the details of what it takes to rise up and overcome. Allow me the perfunctory, “I’m not calling for violence”, when it is taking place all over the country, and we have those who are funding and promoting a violent overthrow of our nation.
        So, back to the question at hand. We, that is to say all those who claim that Americans will rise up, have not shown any lawful plans for an “organized” assertion of that, which the Declaration of Independence prescribes as the authority of the People “to alter, or to abolish” government when it becomes “destructive of these ends”. These ends being explained in the Declaration for those who care to read it and understand that it is the first law of this nation.
        I hear a lot of “smack” about how we will rise up and do this, or that, but truth be told, with no organization, and in fact a disparaging of such by groups like the NRA, there is little hope of success.
        Maybe I’ve missed the meetings on organizational structure, and my point of rendezvous? Maybe I misunderstood, when I was in the military, the point of the chain of command? I certainly haven’t missed the fact that after years of promoting the revitalization of militia in my state that the so-called 2nd amendment community both disregards, and disavows any association to something they know absolutely nothing about.
        Perhaps I missed the notice, the e-mail, or the alert. It is possible that no one wants the help of an old veteran who is probably the only persons in the country to actually explain the law around Militia, and petition his governor for a position in the militia in accordance with the laws of the state, and the union.
        What I do know is that on April 19th of 2009 I made the drive from NJ to Lexington to take the oath with you and to find out what this organization was all about. What I also know is that many I’ve heard who claim they will rise up have to give their non-violence statement because they’re terrified someone will turn them in. Some simply have no knowledge of how this nation was formed, and the long hard years that men and women of fortitude endured in order to leave us a legacy of a free state.
        There has been plenty of talk, but I’ve not heard yet the reference to law. Here it is ladies and gentlemen, it is We the People who maintain the authority “to execute the Laws of the Union”. Its in the federal and state constitutions. Its in the state statutes, and this government has used every tactic possible to propagandize that authority, and usurp the power that was always intended to be in the hands of the People.
        But hey, what the hell do It know. I’m probably that one idiot who’ll get out there when the SHTF and look to his left and right, and see nothing but air. I will see only air because no one has told me, or anyone else I know what the plan is.
        The hour is late if I’m reading the signs correctly. I’ve always thought of this as a three dimensional battle while listening to one dimensional solutions. If we go right, they go left. If we go left, they just pop up behind us. They go up, down, and all around while the information war continues in one straight path.
        I hope and pray that my assessments are wrong, but I’d rather be prepared for the worst, and I’d rather just speak the truth without the fear of offending someone’s sensibilities or their outright ignorance.

        1. They will not comment on comments. I whole completely with your assessment. I have ask this before. We have forgotten who really controls this country. The “Government” has become a third party boogie man that use the power that we have given up to terrorize us with unconstitutional laws and penalties. I for one am so disgusted when people talk big and then sit on their hands.

          1. “They” do comment depending on what is said.
            There is a game plan. It is older than this nation. Over Eight Hundred years ago the barons of England went to war against the king, from which came the Magna Charta. It details the way forward in a struggle for redress of grievance. If you read the charter you’ll find that our Founders used and carried on some of its detail into our Constitution. Follow what worked in the past.
            That is what I’ve been preaching for some time. There is a rule of law, and we should use it to our advantage not side-step it, or find clever ways as a work around.
            The Constitution recognizes that the institution “to execute the Laws of the Union” is “the Militia of the several States”. For a number of reasons, including the unlawful change of the Constitution by the congress in creating a misrepresented entity called National Guard, and the “unorganized militia”, and the systematic demonization of militia by other forces the body of the People, with the power “to alter, or to abolish” essentially died.
            With the law at your back and the clear abuse of power in that the congress changed the meanings, and authorities of the Constitution without an amendment, I would think that organizations of any size could bring a compelling case to the courts after they’ve actually petitioned their state for revitalization of the only power the Founders deemed “necessary”. Forgive me if I’m wrong, but I’m still the only person I know of who has actually taken the time to educate, and then petition for a position in militia as our state statutes read.
            I see here what others out there see, and what is used as propaganda by the media. A group of dangerous people with guns who are adding to the misconception of the rule of law.
            Regardless of the election results, there is still a majority out there that believes that the government has the authority to do much of what it does. Just go to a hearing on gun control measures and you’ll see a bunch of people asking government “officials” to do something, while the other side bows and pleads for the “officials” not to enact more laws that “infringe”.

        2. Actually we did “alter” government with an election year electing a president who by his campaign agenda has included the things we have some serious concerns with. Supreme court appointments. Islamic radical terrorists being freely imported. Returning to “nationalism” and America first patriotism and our national sovereignty. Erasing thousands of illegal executive orders in an instant. Upholding the Bill of Rights. Returning to a nation of laws. And the list goes on.

          So the sheeple morons posting threats to electors may find a jail cell come next winter. The Clinton Cartel may find a change of clothes as their sewer rats run from the impending flames of justice.

          So, don’t be to eager to run off some cliff just yet. Remember the intelligence community knows many things we are in the dark about. and this great awaking has taken the first steps to “draining the swamp.”

          In general, in any political time, look and watch for local leadership you trust. You won’t be getting an email with marching orders. There have always been those who step up to the plate to lead those who will follow.

      2. “They” tried to seduce the “Trumpers” into the so called “anti not my president” protests, but instead only shit on themselves. Funny how it suddenly was turned off. Next is, as you say, and the game continues in full court press, is an all out attack on our process. They keep taking the first shot, but we are a patient people. However, a fight will ensue if the electoral college pulls off a coup to unelect Trump and that they welcome the fight as it gives our tyrannical imposter in the White House the excuse to stay in power and be the king of earth.

        They are capable of all notorious evil deeds, even an attack on Trump tower from the air as in 9-11. I do believe they are that desperate and greedy for the power and wealth.

        On the other side of the fence, there may be some behind the scenes effort to have the electoral college swing even more to Trump since It works both ways. Both are possible. Beat them at their own game scenario. Trump is very very street smart, more so then many give him credit for.

        We are prepared for the next “wave.”

        1. Now that radical leftists have published the names, addresses, phone numbers, emails, race, gender, etc of GOP Electors, and those Electors are getting death threats, it is a matter of duty that we step up and protect them. That is something that we can do, and must do, to counter this terrorism. That is what it is – terrorism. We will be issuing a call to action today to do just that.

          Stewart

    2. Yes, I agree that the incompetent, the criminals, their cronies in big business, the DNC, the Clintons, and anyone else who has a vested interest in the status quo will try every means, legal and illegal, to stop President Trump from “draining the swamp” in Washington. If they are willing to help incite riots in our cities which cost lives and property, they will stop at nothing, including assassination, to avoid any efforts to drag them away from the feeding trough they have had their noses stuck in for years.

    3. Also, notice how all the boot lickers are flocking to Trump Tower to make their case and kiss the ring. Even Al Gore, who invented the internet (sarc) has made a pitch for some deal.

      Also, a federal judge in Texas (imagine that) has ordered the attorney general of Massachusetts to appear for deposition next month in a lawsuit Exxon Mobil Corp. filed as part of an attempt to block investigations into what the company knew about climate change. Good news that Exxon is investing and doing their part exposing the “climate” scam.

      Aslo, note that Ford is backing off moving some production to Mexico.

      My point is that with all the negative MSM hype, behind the scenes their is a lot of “toasting” happening and the electoral college groupies might be paying attention to it not via the Clinton cartel, but by other players that see a brighter future with Trump (at least financially). After all, men mumble and money talks.

    4. I sort of hope they try and get caught.
      Surely it would be similar to jury tampering, I don’t know if there is any such law regarding the electoral college, but if it involves threats or even hiring of others to make death threats THEN it would illegal and could put some of those jokers behind bars where they belong.

      At least I found comforting words at:
      http://usadailynews24.com/bill-still-clinton-soros-can-try-steal-electoral-college-heres-will-fall/

      Here is an excerpt:
      … with the finalization of the Arizona vote count, Donald Trump receives an extra eleven electoral college vote count boost, and once Michigan is finalized he’ll have 305, a cushion of 35 more than the 270 needed for victory. He notes that while it is illegal for the electors to ignore the will of the voters in 21 (states), less than half of all states, the penalties are relatively light, at one thousand dollars and being ostracized socially. 29 of them have no laws against being a “faithless elector,” and voting as one pleases, irrespective of the will of the people. 25 of those states are ones in which Trump won the popular vote.

      He asks, “What’s a thousand dollar fine in a world where George Soros is paying millions of dollars to fund the current rioting in major cities around the nation? He notes that “theoretically there is nothing to prevent any elector of the electoral college from going rogue and voting for Satan himself,” as personified by HillaryClinton.

      He notes that even if the Clintons or Soros were able to bribe or otherwise convince 35 electors to abandon their principles, all is not lost. He says, “There is still one last safeguard in place, the Electoral College votes on December 19th.”

      “But, that vote,” Still points out, “has to be approved by Congress on January 6th. Congress has never disapproved of a vote of the Electoral College, BUT THEY COULD. So with both the House of Representatives and the Senate firmly in Republican hands, in this case, this theft isn’t going to happen.”

      I almost let out a whoop when I read that, “this theft is NOT going to happen.

  2. Does anyone else find it dubious, that cars are mandated to have mufflers on them due to “Noise Pollution,” but not Guns? BTW the EPA regulates the “Noise Pollution” on cars. If they are so hell bent on protecting our “Safety” and that of our “Children,” why haven’t they intervened?

    1. Please Greg K — don’t give them any ideas!! I made the mistake of thinking outloud on an internet post when “birthers” became persona non grata — I suggested it should be fairly easy to get the passenger list from Airlines from Nairobi, Kenya to Honolulu, Hawaii in the month and year of Obama’s reported birth in Hawaii. If the passenger list showed obama’s mother as a pregnant woman, that would support claims he was not born in Kenya and indeed was born in Hawaii; on the other hand, if the passenger manifest shows obama’s mother as mother and baby, then obama’s maternal grandmother and his stepbrother would be believable when they said they were at his birth in a hospital in Nairobi. Within a couple of days of my suggestion, it was reported that a check was made of the passenger lists and apparently the records the week before and after obama’s reported date of birth went “missing”. Your question seems logical, but unfortunately, i now expect to hear the EPA has discovered that gun discharge creates noise pollution and they will have invasive regulation, rules and fines to restrict more of our liberties.

      1. Colin i agree !! always be careful what you wish for !! the present election is a good example , i STRONGLY suspect a lot of people are going to be disappointed when our new “leader” starts making his selections . but at least it won’t be hildabeast

  3. If I know an act violates a Federal law, I am still free to violate that law, as a form of protest.

    If I choose to martyr myself by violating the Federal law I should not cry about the consequences of my actions.

    If I believe the law to be unjust, I should work to have it changed.

    I don’t see this as a difficult concept to understand.

  4. Why honor Firearms Freedom laws? Why not an executive order that ATF regs be deleted unless they pertain to collecting taxes? Pure & simple, no?

  5. The feds who charged, arrested, and prosecuted those Kansas Citizens are Oath-breakers, pure and simple. As are the members of the jury.

    1. They are absolute oath-breakers and know what they are doing is wrong and they DO NOT CARE! I’m posting Kettler’s (one of the men charged) page, please help all you can. He has a family and he is a veteran.

    2. Jack,
      The people who made up the jury may not know what their lawful duty is. I know that judges/etc unlawfully TELL them what elements they are to consider, what part, etc. The jury decides on the “relevant facts”, they decide on the law and the circumstances, they even decide on if the judge needs to be investigated for not doing the duty assigned to all judges according to the US Constitution and the state Constitution (using *good Behaviour as constitutionally required in order to be allowed to continue to serve within that office) – plus if kept Oath(s).

      Our court system under the US Constitution is not being used, but maritime law is (American flag with a gold fringe) unlawfully being used. Most juries today have no idea what they are doing, they are “dumbed down” deliberately. Juries are one of the tools the people use to hold those that serve within our governments accountable.

      *The US Constitution tells us what good Behavior is when it lists the duties of judges and the requirement of them taking and KEEPING the Oath. Article 3, Section 1.

      They, like all who serve within our governments, get their authority from the branch or office they are in, and because they agree to follow the contract, are Oath bound to follow that that contract,etc. It matters not how “high or low” the position, if they break that contract they no longer have any lawful jurisdiction beyond that of sending the ignorant enforcers (weapons) to enforce their “color of law” (I use the word ignorant because many do not know that they are working against our nation by following those orders). Contract law has a long history, but it takes the People as the Militia trained as the congress requires the military to be trained, and educated in the US Constitution and their own state’s Constitution to be the armed force of the federal, state governments and of the people.

      In our history it is well established law that Fraud vitiates (makes void) any contract that arises from it.

      Brookfield Construction Company V. Stewart 284 F Sup. 94: “An officer who acts in violation of the constitution ceases to represent the government.”

      Yick Wo v. Hopkins, 118 U.S. 356: “Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.”

      So the people who made up that jury may just be more of the “dumbed down”.

  6. Where the hell was the county sheriff? He should have been arresting feds for violating state law! Didn’t the sheriff then commit the crime of dereliction of duty?

    What the hell good are laws when “law enforcement” just ignores them?

  7. “….The judge did not allow mention of the Constitution and Second Amendment in “his” court room….”

    Something is seriously wrong when we don’t hang the psychopaths in black dresses for tyrannical actions such as this. Our entire in-justice system needs to be thrown out and we need to start all over it seems.

    1. The judge was basically like “you cannot defend yourself with truth” because truth would make him have to deliver REAL justice. So he is perfectly fine trying to lock KS law abiding citizens away and destroying families.

  8. Apple creates 2,000 jobs shifting production back to US: Technology company’s renewable energy-powered Arizona laboratory set to grow sapphire crystals for fingerprint scanners. The California technology titan is beginning to shift production back to its home market, with the creation of its second US plant in under a year. It is understood the renewable energy powered facility in Mesa, Arizona, will produce laboratory grown sapphire crystals of the kind used in the iPhone 5S fingerprint scanner.

    So, more evidence that people in marketing are fearful that Trump voters will move from Apple to Droid. And Google Droid is actually losing ground to independent flip phone and smart phone producers.

    These are just a few indicators that the public is with their dollars protesting the globalist narrative.

    It’s

  9. From reading I have done, I am certain the constitution clearly states rights not given to the government by the constitution will revert to the states.

    If I was a shrewd, dedicated lawyer, I would argue that the law about silencers is NOT an authority granted to the feds by the constitution, therefore it must revert to the state. Which is exactly the case in this issue.

    1. Our government here in the USA us both the US Constitution (which is also the definer of our governments and the supreme LAW of this nation) and each state’s Constitution; NOT the people who serve within it. You are incorrect in thinking that it “reverts” to the state. The states created the US Constitution, so that there would be a central LIMITED government that would represent all the states when dealing with foreign affairs. Instead of 50 different treaties, there would be one that all the state representatives would agree upon based on what the people of their state wanted, etc. Each state kept its sovereignty, but delegated some of the states authority (delegated from the people) to the “federal” government, mostly that dealing with foreign affairs and war.

      No US Constitution, no federal government. But we would still have each state’s government. That is why when those that serve within our federal government do not follow the US Constitution – their contract, they no longer have any lawful authority to represent us in any matter, and that means every single federal position.

      Dr. Vieira says it well here: “This has nothing to do with personalities or subjective ideas. It’s a matter of what the Constitution provides… The government of the United States has never violated anyone’s constitutional rights… The government of the United States will never violate anyone constitutional rights, because it cannot violate anyone’s constitutional rights. The reason for that is: The government of the United States is that set of actions by public officials that are consistent with the Constitution. Outside of its constitutional powers, the government of the United States has no legitimacy. It has no authority; and, it really even has no existence. It is what lawyers call a legal fiction.”

      As with any contract that has been broken, but particularly one backed by a required Oath, breaking that contract means that the person who did so no longer has any lawful or legitimate authority to do anything representing the American people, the USA. Plus it is a crime, felony and Perjury at the least.

      As Michael LeMieux said so aptly: “The Constitution has very little to do with the American citizen. It was written to establish a Federal Government and to place the boundaries by which that government would operate. The constitution was never designed to provide or enumerate the rights of the citizens but to restrain the federal government from meddling in state and ultimately citizen affairs.”

      Thomas Jefferson: “The several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes — delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: that to this compact each State acceded as a State, and is an integral part, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party (the people) has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.”

      James Madison: “The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.”

      St John Tucker: “The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people;…”

      More modern courts back this up…

      Justice Sandra Day O’Connor: “The Constitution does not protect the sovereignty of States for the benefit of the States or state governments as abstract political entities, or even for the benefit of the public officials governing the States. To the contrary, the Constitution divides authority between federal and state governments for the protection of individuals. State sovereignty is not just an end in itself: “Rather, federalism secures to citizens the liberties that derive from the diffusion of sovereign power.”

      Mack and Printz v. United States: “The Framers rejected the concept of a central government that would act upon and through the States, and instead designed a system in which the State and Federal Governments would exercise concurrent authority over the people. The Federal Government’s power would be augmented immeasurably and impermissibly if it were able to impress into its service – and at no cost to itself – the police officers of the 50 States… Federal control of state officers would also have an effect upon the separation and equilibration of powers between the three branches of the Federal Government itself.”

      Hope that helps!

      Cal

      1. Maybe I should have worded it, Powers not delegated to the federal government will be reserved by the states.

        I haven’t read that in a long time, I tend to retain concepts but not actual texts.

        My point was, if the constitution doesn’t designate a power or right to the feds, that power or right will belong to the states.

  10. Interesting case. Is state or federal law supreme? In this case, the judge, the prosecutor and jury concluded that federal law is supreme and state laws to the contrary are invalid. How about the 25+ jurisdictions that legalized recreation and medicinal marijuana? Why are those state laws not invalidated by federal prosecutors?

  11. If this is the case then all the “legal” marijuana growers, sellers, users in the states that allow it need to be prosecuted immediately. You can’t enforce one law while ignoring others, that is selective enforcement and is not legal.

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