Once again the Arizona State Senate Rules Committee kills a constitutional bill because “it would probably violate the supremacy clause of the U.S. Constitution, which gives federal laws priority over conflicting state laws” (“Local lawmakers would make sheriffs ultimate authority,” Payson Roundup, March 7.)
Invite anyone interested to read Article VI of the United States Constitution, which contains the so-called “supremacy clause” — “This Constitution and the Laws of the United States which shall be made in Pursuance thereof; … shall be the supreme law of the land …”
Wannabe tyrants who cite it almost invariably leave out the qualifiers “which shall be made in Pursuance thereof.”
Laws of the United States not made in pursuance to the United States Constitution are not the supreme law of the land. The 10th Amendment says so:
“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.”
If the Constitution does not delegate the power to the federal government, the federal government doesn’t have it and cannot lawfully enforce it. Thus federal officers invading a state to enforce gun laws, drug laws, environmental protection laws and millions of other laws and regulations the federal government has no authority to enforce should be stopped by the county sheriff, who is elected to serve the people of the county and protect their constitutional rights from illegal activity by other citizens or by government officers acting illegally under color of law.
Donald L. Cline