West Virginia state lawmakers are doing their part to keep the federal beast inside its constitutional cage. First, state delegate Eric Householder took on ObamaCare, and now Cindy Frich, his colleague in the House of Delegates, is setting her sights on protecting the Second Amendment.
On January 9, Frich and five cosponsors (the same bill was offered last legislative session and had nine cosponsors) introduced HB 2832, the Firearm Protection Act.
If it were enacted, the bill would render unenforceable any “federal law which attempts to ban semiautomatic firearm[s] or to limit the size of a magazine of a firearm or other limitation on firearms in this state…”
There are two forces at work in Frich’s effort to thwart the federal government’s constant attempt to unconstitutionally infringe on the right of the people to keep and bear arms.
First, there is a well-established principle of federalism called anti-commandeering.
Put simply, anti-commandeering prohibits the federal government from forcing states to participate in any federal program that does not concern “international and interstate matters.”
While this expression of federalism (“dual sovereignty” as it was named by Justice Antonin Scalia) was first set forth in the case of New York v. United States (1992), most recently it was reaffirmed by the high court in the case of Mack and Printz v. United States (1997).
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