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Senator Conrad - Dist 46

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RobertH:
here is my State Legislators response to a couple of emails i sent to her about LB 352 and LB 451.

"Dear XXXXXXXXXX-
Thank you for contacting my office and sharing your perspective on these issues (LB 352 and LB 451 respectively).
It is my understanding that each of the bills related to firearms will be heard by the Judiciary Committee.  I do not serve on this committee.
Here is a link if you would like to contact their membership directly.
http://news.legislature.ne.gov/jud/

I will make sure to keep your thoughts and those of other Nebraskans on my mind if these bills are advanced to the floor for debate by the full legislature.

Best,
Senator Danielle Conrad"


well duh i know she doesn't serve on that committee, i just wanted her to know my position.  what should my reply be?

Dan W:
Tell her to read it again when she sobers up

Phantom:
I got about the same almost form letter reply from Sara howard


Thank you for your e-mail concerning LB 451 and LB 602 which would prohibit any possible future Federal law on firearms from being enforced in Nebraska.

This bill has been sent to the Judiciary Committee which I am not a member.  I have read the bill and I believe that if this legislation were passed by the Legislature in its current form, it would most likely be ruled unconstitutional by the Federal courts.  The bill states Federal law "shall not be enforceable" which is a clear violation of the Supremacy Clause of the United States Constitution (Article VI, Clause II) which states:
 
"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, anything in the constitution or laws of any state to the contrary notwithstanding."

Under Article III of the U.S. Constitution, the final power to declare federal laws unconstitutional rests with the Federal Courts and the United State Supreme Court so states do not have the power to nullify any federal law which is what LB 451 appears to do.  The issue of state nullification was settled in 1832 and 1865.

I will certainly look at the testimony at the Judiciary Committee hearing should this bill be reported out of the committee.

I appreciate your writing.

Sincerely,

Sara Howard
State Senator

CitizenClark:
.

bkoenig:
Unfortunately people like her view the Constitution as a buffet line.  Take what you want and leave the rest.

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