Editor,

The Feb. 18, “Thumbs up, thumbs down” piece, the final comment, being a “thumbs down,” said the attempt by the Utah Legislature to pass a bill that would put the state of Utah law above any federal law on firearms is not only “silly” but “unconstitutional.”

The authors of this piece are ignorant of the Constitution and should do some research before making such a “silly” comment. The “Supremacy Clause” of the Constitution says: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; …shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the constitution of Laws of any State to the Contrary notwithstanding.”

It is true that if a federal law comports with the restrictions and powers granted in the U.S. Constitution, then and only then does it trump state laws and their respective Constitutions. The states created the federal government and granted to that government only so many enumerated powers and when the federal government goes beyond those granted powers, as Thomas Jefferson said, ” Every usurpation or law repugnant to [the Constitution] cannot have been made in pursuance of its powers. The latter will be nugatory and void.” The Supreme Court ruled in Marbury vs. Madison, “All laws which are repugnant to the Constitution are null and void.” And lastly, “…the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding. In the same manner the states have certain independent power, in which their laws are supreme. It will not, I presume, have escaped observation that it expressly confines the supremacy to laws made pursuant to the constitution” (Alexander Hamilton, Elliot , p. 4:187-88 and The Federalist Papers, #33).

Our legislators swore an oath to uphold the Constitution of the United States. It should be self evident that all laws enacted must be made pursuant to that Constitution. If not, then states are constitutionally bound to nullify any law that is not pursuant to the Constitution.

Lonnie D. Crockett

Huntsville