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Barack Obama's supporters love to tout his credentials as a former law school lecturer as one of the reasons why he would make a great President. Unfortunately for them, "that dog won't hunt". For example, Obama was quoted in the Chicago Sun-Times recently, saying:
I wanted to preserve the right of local communities to enforce local ordinances and this would have overturned municipalities being able to enforce their own ordinances. We can argue about whether the ordinances work or not. But I wanted to make sure that local communities were recognized as having a right to regulate firearms.
So I guess Barry O has never heard of the Supremacy Clause?
The Supremacy Clause is Article VI, Clause 2 of the US Constitution:
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.
In Barry O's quote, he basically says that local and state laws can override Federal Law and Constitutional rights.
Umm, I don't think so.
If the State of Maryland wanted to legalize slavery, it could not do so. If Baltimore County wanted to eliminate universal sufferage, it could not do so. If Wicomico County wanted to ban free speech, it can not do so. If Montgomery County wanted to ban churches, it could not do so.
Why? Because of the Supremacy Clause. The United States Constitution is supreme to all State Constitutions. State Constitutions are supreme to county charters and township incorporations. Ergo, the United States Constitution is supreme to all subordinate forms of government.
One would think -- maybe even, I daresay "hope" -- that a former law school lecturer on Constitutional Law would grasp the plain language of the document.
One would be seriously mistaken.