Since when is US not the boss of us?

Once again the state of Alaska has made national news. It wasn’t Palin, the weather or drilling rigs run aground. This time it was our own Mike Chenault and his House Bill 69. His legislative masterpiece would have state police arresting members of the ATF and FBI.

It seems the White House is in the process of issuing executive orders relating to gun control and Rep. Chenault is having none of it. These orders include things like removing barriers to universal background checks, launching a national (not mandatory) gun safety program and nominating an ATF director. You know, a dictatorial power grab.

Chenault’s bill would have state law enforcement officers arrest any federal agent enforcing federal gun laws that Alaska doesn’t like. Of course, we’re not sure which ones we don’t like because the laws haven’t been passed yet and the executive orders, which can only clarify the implementation of existing law, haven’t been implemented. However, the real problem with Chenault’s bill is that it ignores a little thing we call the Constitution. State law cannot override federal law. States like Georgia and Alabama tried that about 150 years ago and it didn’t work out too well for them.

Chenault cites the 9th and 10th Amendments as his authority, but even a casual examination leads one to a different conclusion.

The Ninth Amendment — protection of rights not specifically enumerated in the Constitution. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Simply put, this means that the rights of the people are not necessarily found in the Constitution. They are inherent. They exist independent of any government’s ability to grant them. What the Constitution does is outline the powers of government, not the rights of its citizens. The flip side of this is citizens must abide by the law as long as it fits within the confines of the Constitution. In other words, we don’t get to pick and choose which laws we will obey.

The 10th Amendment — powers of states and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people.

This means that if governmental authority is not found in the U.S. Constitution, it can become the province of the states or individuals. Again, this is only if it doesn’t run afoul of the feds. This also means that if it’s in the Constitution, states have to abide by it.

Now pay close attention, Mr. Chenault, because the Constitution does give the federal government authority to implement law that regulates firearms. The phrase “shall not be infringed” is the one usually focused on by gun rights advocates. Unfortunately, the Supreme Court trends to focus on the regulated militia part of the amendment, and Article 1 Section 8 of the Constitution gives Congress authority over state militias. What that means is that while the federal government can’t outlaw all firearms, it can regulate their use.

Let’s be clear about what is going on here. This is a bill presented and passed in the state House by a Legislature that is supposed to be at least competent. These are people we have elected. We have trusted them to represent and govern us, but it appears most of them don’t know what they are doing.

Any grade-school child should be able to tell you that the Constitution is the supreme law of the land. They should also be able to tell you that if you don’t agree with a law, you don’t break it or pass another law to subvert it. You take your dispute to court. I’m sure they could tell you that the Supreme Court is the final word concerning a disputed law. Most any grade-school child should be able to tell you this. It looks like the Alaska House of Representatives is indeed not smarter than a fifth-grader. Perhaps the next time a representative visits a classroom he or she should take notes.

The Ninth and 10th Amendments do not give Georgia, Alabama or even Alaska the authority to thumb their populist noses at the supreme law of the land. I hope our Legislature isn’t delusional enough to think the federal system is a buffet where we pick and choose the laws we obey. Or, that we have the authority to start arresting federal officials doing their sworn duty. That goes beyond a profound ignorance of government and boarders on treason.

Chuck Legge is a freelance political cartoonist and community columnist who lives in Sutton.