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IS NULLIFICATION THE ANSWER?
by Sharon Rondeau
(Jan. 12, 2013) — Eight Wyoming state representatives and two state senators have introduced legislation for the 2013 session which would nullify any federal law imposing a limitation on the size of firearm magazines or semi-automatic weapons. The bill would criminalize federal officials attempting to enforce firearms restrictions within Wyoming.
On January 4, a Casper hotel clerk with a weapon repelled two people who attempted a hold-up.
South Carolina has reportedly introduced similar legislation.
Since the mass murders at Sandy Hook Elementary School in Newtown, CT on December 14, Obama, Biden and members of Congress have advocated for stricter federal gun laws, as has Connecticut Governor Dannel Malloy.
The perpetrator was reportedly mentally ill or disturbed and did not own the firearm(s) used to murder six school personnel and 20 first-graders. The weapons were reportedly purchased legally by his mother, who was his first victim.
Since the atrocity, a national debate has raged about the Second Amendment, gun-owners’ rights, self-defense and the safety of schoolchildren and the public at large. Some school systems have opted to employ armed guards, as was suggested by the National Rifle Association.
Many people are defending themselves and others with guns.
The Tenth Amendment to the Bill of Rights states that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.” While some of the Founders such as James Madison did not believe such an amendment was necessary, it was ultimately included so that the federal government would be restrained from overreaching its constitutional parameters. The states were therefore made sovereign in their respective affairs.
Thomas Jefferson advocated the approach that the states had created the federal government and that “states should refuse to enforce laws which they deem unconstitutional.” According to the Tenth Amendment Center, state nullification of federal laws deemed overreaching is “the constitutional remedy.”
The Tenth Amendment Center has raised nearly $23,000 to continue its work encouraging states to nullify federal laws which they believe are unconstitutional.
After Congress passed the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madion wrote the Kentucky Resolution which was enacted by the Kentucky legislature in 1798. The Sedition Act caused ten journalists to be jailed, and Jefferson pardoned them upon assuming the presidency in 1801. James Madison wrote the Virginia Resolution.
After the War of 1812 began, New England expressed a desire to secede from the Union by means of the Hartford Convention, although it did not complete the process.
The Tenth Amendment was not in force following the Civil War, when the 11 states which had seceded were readmitted to the Union.