Posted on 03/19/2019 4:29:08 AM PDT by marktwain
New Mexico Second Amendment supporters are doing more than passing Second Amendment sanctuary resolutions. The New Mexico Republicans are leading a movement to repeal the offending law using the power of the people.
New Mexico has a provision in its Constitution, rather similar to that in Switzerland. If the legislature passes a law offensive to the people, they can demand a referendum be held. If the law is not approved of in the referendum, the law is annulled. The Republican party in the New Mexico House released this notice: From nmhousegop.com:
Santa Fe – House Republicans joined New Mexico’s Sheriffs to begin the process of overturning radical anti-2nd Amendment laws on Thursday. Joining thousands of New Mexicans who rallied against anti-2nd Amendment bills across the state, House Republicans announced they will begin the formal process to annul Senate Bill 8.
Under the New Mexico Constitution, the people have the power to “disapprove, suspend and annul” laws enacted by the Legislature. The process begins with a petition of New Mexico voters and requires several different actions depending on the number of signatures. The number of required signatures is based on the voters who cast a ballot in the 2018 General Election and actions to be taken include:
1. If 10% of voters sign a petition, the law is placed on the ballot for approval or rejection of all voters.
2. If 25% of the voters sign the petition within 90 days after adjournment of the session, the law
(Excerpt) Read more at ammoland.com ...
I like the ancient Greek’s formula. When a lawmaker proposed a law, he stood on a stool with a noose around his neck. If they didn’t like it................
“The Democrats are saying the statute is not subject to the Constitutional provision for referendum, because it involves public safety.”
Bull. All laws are supposedly for public safety.
Beware of the voters of NM: they are liberals throughout and eat, talk, and breathe liberalism.
“What is happening in Santa Fe does not reflect what an overwhelming number of New Mexicans want, so we’re going to make sure they are heard.”
The same could be said for virtually all the State Capitols in the country!
Santa Fe, Austin, Sacramento, Albany, Trenton, you name it. And these are doubly bad places if they also house a university.
***Beware of the voters of NM: they are liberals throughout***
That is NOT the New Mexico I was raised in! But that was forty five years ago when the most popular bumper sticker just north in Colorado was...
DON’T CALIFORNICATE COLORADO!
Well, the Lib virus infected cells of California have burst, and their virus is spreading all over the west, infecting other states.
Something I’ve always wondered about, IF a person living in such a state desires to sell a firearm to a neighbor, can they go onto an Indian Reservation, and make the private sell or trade there as it is not “state control” but under Federal jurisdiction?
That is how Indian Lands bypass state tobacco laws and casino laws.
And their is LOTS of Indian land in NM and the west.
I’ve also wondered if high capacity gun magazines could be sold on Indian Reservations in California and Colorado for the same reason, bypassing state laws.
LOL, Alcohol, Tobacco and Firearms!
It would be rather interesting to read about Indians selling guns to the White Men!
There might have to be a test case.
Very possible the who level of state restrictions will be thrown out by the supreme Court first!
First, federal laws based on enumerated constitutional powers trump state laws.
Article VI, Clause 2: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Next, the 14th Amendment (14A) expressly gives Congress the power ONLY to strengthen rights that the states have amended the Constitution to expressly protect, including the 2nd Amendment (2A), again, even if only minority voters of a given state are claiming those rights.
From the 14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
Note that the congressional record shows that Rep. John Bingham, the main author of Section 1 of 14A, had included 2A when he read the Bill of Rights as examples of enumerated rights that 14A applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment (Article II) about in middle of 2nd column.)
Also, consider that the Supreme Court has clarified that 14A gives Congress the power ONLY to strengthen constitutionally enumerated rights.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
H O W E V E R …
Regarding Congress's enforcement of 14A protections, we are still stuck with a corrupt, anti-PDJT swamp Congress that will predictably continue to look the other way while misguided, activist states continue to abridge constitutionally enumerated rights in violation of Section 1 of 14A.
The remedy to stop abridgment of enumerated right by renegade states …
In this example, patriots in all states need to come to the rescue of legal minority New Mexico voters claiming their 2A protections by doing the following.
Patriots need to elect a new patriot Congress in the 2020 elections that will not only promise to support PDJT's vision for MAGA, but will also promise to exercise its 14A powers to make penal laws that discourage the states from abridging constitutionally enumerated rights, laws that strengthen 2A in this New Mexico example.
Insights welcome.
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