Let us reason
Common sense over politics
WHEN THE Arkansas General Assembly is in session, the columnists, editorialists, letter writers, radio shout-show hosts, table-pounders and non-credentialed would-be constitutional scholars all join in on the action. What is the opposite of stillness? That’s what Arkansas has now: the opposite of stillness.
In order to talk to each other, we need a little stillness. Or at least a break in the shouting, so the various sides can make a point or two, before yielding the floor to the other lady or gentleman who might have another point. Come now, and let us reason together, as a certain Book suggests.
The Legislature passed Senate Bill 298 earlier this session. The bill would prohibit local and state police from working with federal authorities in the enforcement of certain federal gun laws “that conflict with the Arkansas Constitution,” according to Neal Earley’s story in the paper last week. The bill would declare federal gun laws and regulations “null and void” if they infringe on the Second Amendment or the Arkansas Constitution.
The phrase “null and void” has a long history in this country, and not a good one. Nullification didn’t work when John C. Calhoun tried it in 1828. And it hasn’t worked since. The courts, including the big one in D.C., have repeatedly rejected nullification as a legit political theory. Instead, the courts have repeatedly pointed to the Supremacy Clause of the Constitution that federal law is superior to state law. And that the Constitution (Article III) gives the federal courts the final say in how to interpret the Constitution.
This is how the United States functions.
The governor of Arkansas—a lawyer and prosecutor, among the many other titles he’s held—vetoed SB298 because he understands the law. The state of Arkansas cannot nullify the National Firearms Act, which regulates machines guns and sawed-off shotguns, among other things. The state of Arkansas cannot nullify the Gun Control Act of 1968, which prevents felons from possessing guns.
Why would it want to? Answer: Arkansas wouldn’t want to. But sometimes politics nullifies common sense.
There are certain lawmakers who will not listen to common sense. But for most Arkansas state reps and senators, we still have faith. They should listen to the cops. Listen to those who dress in uniform everyday. Listen to those who more often face down the business end of those sawed-off shotguns.
Arkansas’ top executive and former prosecutor: SB298 “is a defense attorney’s dream law. They’re going to have plenty of opportunities to challenge the charges based upon this.”
The Arkansas Prosecuting Attorneys Association sent a letter to lawmakers late last week urging them not to override the veto because “the effect of the bill would be to empower criminals and undermine law enforcement efforts to keep Arkansans safe.”
Nathan Smith, the prosecuting attorney for Benton County, said he’s as Second Amendment friendly as they come, but SB298 would make things easy for criminals to avoid firearms charges: “Having that cooperation with the federal government ensures that we get the best outcome for our community. I don’t think people in Benton County, Ark., really care who prosecutes a case, so long as a criminal is out of their community.”
WHICH brings up this point: Prosecutors often prefer to send felony gun cases to the feds, because penalties for gun-related offenses are higher. And the thugs can stay locked up a lot longer. Which not only gets them off the street, but also puts them in federal pens, and off the state books for food, health care, etc.
SB298 even goes as far as to penalize—with fines—state law enforcement officers who cooperate with federal gun-law investigations. That could affect current cases, if local police decide not to testify against certain criminals.
To top it off, it is extremely unlikely that SB298 will even go into effect, because the courts are certain to—once again—toss any kind of nullification law of any sort. But at least Arkansas taxpayers will have to pay for lawyers to go before the courts and argue this weak case.
The Arkansas General Assembly may be called to override the governor’s veto as early as today. Logical (and level-headed) lawmakers will not vote to override.
Come, let us reason together.