I don’t like strategy of individual states introducing, perhaps passing, legislation codifying a crime to enforce federal laws. The rage right now is, of course, those laws referring to the enforcement of any federal ban or restriction on gun ownership.
The latest version that I’ve seen is in Texas:
AUSTIN, Texas – Under a measure advancing in the Texas Capitol, local police officers could be convicted of a crime for enforcing any new federal gun control laws.
Rep. Steve Toth, a newly elected Republican from the Woodlands, said his proposal would prevent officers from carrying out any future federal orders to confiscate assault rifles and ammunition magazines.
…
Toth’s proposal would create a Class A misdemeanor for police officers enforcing any new federal gun regulations. It also would establish cause for the state attorney general to sue anyone who seeks to enforce new federal gun regulations. It is one of several states-rights measures being offered by conservative state lawmakers nationwide in response to federal gun control proposals.
I think this is a dangerous path to go down. We can’t have states running around claiming not to enforce federal laws. The confusion it would create is massive. Not to mention the continual lurching back and forth as one party or another assumes the role of majority and passes legislation that would enforce said law.
Untenable.
With that said, I have to admit that I feel a bit of “tribal yelp” as I see the states reacting like this. And I have to work hard to subdue those passions are work to look at the goal objectively.
However, while I don’t think states should willy nilly decide which federal laws they will or will not enforce, it is important to point out that this is in direct response to Obama’s decision to restrict states from enforcing federal laws that HE disagrees with. Namely, states trying to enforce immigration laws already on the books. Let’s not forget the battle in Arizona where the Obama administration sued Arizona.
So, while the logical conclusion of this activity is undesirable, that conclusion was set in motion by Obama.