eye95
Well-known member
This is only tangentially related to OC, so I am posting it in the social lounge.
A Montana Republican representative is proposing a law that would make federal LE ask county sheriffs before taking any LE action in Montana. Is this a State's right? Or, is this a violation of the supremacy clause? I hope it is a State's right. However, reality may be that the supremacy clause would prevail. I am fairly ignorant on the scope of the supremacy clause (as, I suspect, are many others here). We should remedy that.
Even if the former is preferable, we can't pick and choose which parts of the Constitution we want to apply without making the whole thing meaningless. Interesting dilemma.
http://www.foxnews.com/us/2011/03/23/taking-liberties-new-sheriff-town/
A Montana Republican representative is proposing a law that would make federal LE ask county sheriffs before taking any LE action in Montana. Is this a State's right? Or, is this a violation of the supremacy clause? I hope it is a State's right. However, reality may be that the supremacy clause would prevail. I am fairly ignorant on the scope of the supremacy clause (as, I suspect, are many others here). We should remedy that.
Even if the former is preferable, we can't pick and choose which parts of the Constitution we want to apply without making the whole thing meaningless. Interesting dilemma.
http://www.foxnews.com/us/2011/03/23/taking-liberties-new-sheriff-town/