"It see ¡s that there has been an uptick in nullification efforts from both the left and the right," said a professor at the University of California at Los Angeles who
Adam consti
Yet '
law.
specializes in
e law is clear - the supremacy clause (of the U.S. C onstitution) says specifically that the
laws are supreme over contrary state laws, even if the state doesn't like those laws," Wm.k.ler
feder
added
over some tates from flouting those federal laws - sometimes successfully.
state ones hasn't stopped
20 states now have medical marijuana laws allowing people to use pot to treat chronic pain and
other 'lments - despite a federal law that still criminalizes marijuana distribution and possession.
C edin ground to the states, President B arack Obama's administration has mad e it known to federal
prose utors that it wasn't worth their time to target those people.
authorities have repe atedly delayed implementation of the 2005 Real ID Act,
law or
r
an
anti-terrorism
set stringent requirements for photo identification cards to be used to board commercial flights
federal buildings. The law has been stymied, in part, because about half the state legislatures
have pposed its implementation, according to the National Conference of State Legislatures .
enacted measures challenging Obama's 20 1 0 health care laws, many of which sp e ci tcally rej ect the provision mandating that most people have health insurance or face tax penaltie s b e gi ing in 20 1 4 . Abou 20 states have
After Montana passed a
2009 law decl aring that federal fireans regulations don't apply to guns made
pt in that state, e i ght other states have enacted similar laws.
and The feder
upreme Court ruled in
1 997 that local police could not be compelled to carry out provisions of a
gun control law. But some states are now attempting to take that a step further by asserting that
certa n fede ral laws can't even be enforced by federal authorities .
Kans as law makes it a felony fo r a federal agent to attempt to enforce l aws on guns made and own d in Kansas. A similar Wyoming law, passed in 20 1 0, made it a misdeme anor. The Missouri bill
A ne
ould declare it a misdemeanor crime but would apply more broadly to all federal gun laws and reg ations - past, present, or future - that "infringe on the people's ri ght to keep and bear arms."
also
U. S .
General Eric Ho lder
sent a letter in late April to the Kansas governor warning that the al government is willing to go to court over the nevv lav.'. " Kansas may not prevent federal
emp oyees and officials from caring out their official responsibilities," Holder wrote. So "
woulďż˝ happen if a local pro sec utor actually charges a federal agent for doing his or her job?
Th y're going to have problems if they do it - there's no doubt about it," said Michael Boldin, tive director of the Tenth Amendment Center, a Los Angeles-based entity that promotes states'
exe
righ s . "There ' s no federal court in the country that's going to say that a state can pull this off. "
Yet tates may never need t o prosecute federal agents i n order t o make their point. If eno ug h states resi , "it's going to be very difficult for the federal government to force their l aws down our throats,"
Bol in said.
bill nullifying federal gun laws. whi le , thousands of people have sent online messages to the governor 's office about the legi lation.
Mis ouri 's governor has not said whether he will sign or veto the
Me