Those who are just itching to re-fight the civil war do not take kindly to Senate Judiciary Chairman Sen. Brian Kelsey for saying that it is not a good idea to pass a bill that would declare perceived federal violations of the 2nd Amendment to be illegal within the state of Tennessee.
SB0250 sponsored by Senator Mae Beavers, who herself was former Senate Judiciary Chairman, also provides for criminal penalties for federal agents who attempt to carry out such laws that Tennessee deems violate the 2nd Amendment.
Last week, the bill was up for a hearing in the Senate Judiciary Committee but Senator Kelsey convinced his colleagues to defer it. It will be back before the committee on Wednesday of this week.
To learn more about this issue from the viewpoint of the advocates of the bill go to Tenth Amendment Center. To view last week's hearings on the bill, see below.
Senator Kelsey is polite and reasonable and makes a persuasive argument in explaining why fidelity to the constitution includes respect for the supremacy clause. I am convinced that the view of Senator Kelsey is the correct view.
His explanation of the Tenth amendment is that the supremacy clause
overrides the Tenth amendment. He simply asks for a deferral to hear the
opinion of the Attorney General. Sen. Overby makes a good argument that Senator Beaver's bill is vague. She says her bill applies to bills in the past as well as bills in the future. The bill
does not point to any specific federal action. Overby questions if
Beaver's bill is unconstitutionally vague. The bill is differed one week
to order get an Attorney General's opinion by a vote of 5 to 4. This bill needs to be defeated. Should it pass, Governor Haslam needs to veto it.
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