The Journal – by Michael HolzIn a recent column, columnist Sean O’Leary angrily derides several West Virginia county sheriffs whom he claims have announced that they will not enforce federal gun control laws. He states that “their oaths require the enforcement of laws that are legally enacted and that have not been found to be unconstitutional by the courts.” I suppose prohibition would fall into this category.
He also attacks delegates Eric Householder and John Overington for introducing state legislation that will “declare null and void, all federal gun control legislation” (Householder) and “declares (Obamacare) unconstitutional and makes enforcement of its provisions a felony.” (Overington)
He quotes Lewis Carroll and Gomer Pyle in what I guess he feels is a clever play on words in order to make his rambling points. I didn’t get the connection.
Here are some facts:
Anticipating what they believe will be an attempt by the current administration to enact unconstitutional legislation; duly-elected sheriffs in several West Virginia counties have vowed to resist any new gun control legislation that they feel will violate our second amendment right to keep and bear arms. Yes, Mr. O’Leary, they’re referring to legislation that hasn’t been passed yet. IF it is passed, and IF state lawmakers feel that it violates our Second Amendment, we may actually see some state rebellion against a corrupt and overbearing federal government. States may actually ignore laws that are felt to be unconstitutional just like our president does. I certainly hope so.
Next, Mr. O’Leary attacks Delegate Eric Householder for introducing legislation that would, according to Mr. O’Leary, “null and void’ all federal gun control legislation.”
Not quite.
In reality, House Speaker Rick Thompson, a Democrat, introduced HB 2471, which would prohibit the restriction of the lawful possession, use, carrying, transfer, transportation, storage or display of a firearm or ammunition during a declared state of emergency.
Eric Householder strengthened this bill by requesting that this legislation also apply during a federal state of emergency.
This legislation doesn’t void anything. It protects law-abiding citizens from being stripped of their constitutional rights during a declared state of emergency. We’ve all heard the horror stories of Katrina’s aftermath, and what happened in New Orleans after police confiscated the firearms of law-abiding citizens leaving them defenseless and unable to protect themselves from the rapists and looters who for some reason didn’t surrender their firearms.
Delegate John Overington introduced HB2841 which would exempt West Virginia (or any other state) from being required to participate in Obamacare.
To quote a portion of the bill;
“The Tenth Amendment to the United States Constitution defines the total scope of federal power as being that which has been delegated by the people of the several states to the federal government and all power not delegated to the federal government in the Constitution of the United States is reserved to the states respectively.”
In other words, the Tenth Amendment gives the federal government specific and enumerated powers, and ONLY those powers. Everything else belongs to the states. HB2841 says, in essence, that Obamacare interferes with the right of the people of this state to regulate health care as they see fit. This, to Delegate Overington, is a specific power that the federal government has seized and which the constitution does not permit. As such, he, as a State Representative, has a right and duty to challenge its constitutionality.
I wonder if Mr. O’Leary is equally outraged at the so-called “sanctuary cities” that are safe havens for illegal aliens. How about states that are passing marijuana legalization laws in violation of federal law? Is he outraged at a president who chooses to ignore the Defense of Marriage Act? Or chooses to ignore federal immigration law and then sues the State of Arizona for enforcing existing federal law? Or stonewalls congressional investigations? Or persecutes conservative organizations through the IRS? Or spies on American journalists? Or drones American citizens?
We have an out-of-control administration that is hell-bent on subverting this Constitution that Mr. O’Leary is so concerned about. I for one am glad to see that there are some elected officials out there who are willing to fight for it!
– Michael Holz is a resident of Berkeley County and a member of the Blue Ridge Patriots.