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42-527: In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take. The US Supreme Court has held that commandeering violates principles designed to prevent either the state or federal governments from becoming too powerful. Writing for the majority in 1997 for Printz v. United States , Justice Antonin Scalia said, "[t]he Federal Government may neither issue directives requiring

84-607: A case involving sports betting. In the case of marijuana legalization , federal law preempts laws in those states that have authorized its use. The federal government has chosen not to enforce provisions of federal law that apply to otherwise law-abiding adult use in those states. If the Department of Justice were to challenge these state laws, a likely legal objection would be that this is commandeering . Challenges to state-level marijuana legalizations in federal court have been unsuccessful for this reason. This legal term article

126-472: A detailed Federal program governing the distribution of firearms. The GCA prohibited firearms ownership by certain broad categories of individuals thought to pose a threat to public safety: convicted felons, convicted misdemeanor domestic violence or stalking offenders, persons with an outstanding felony warrant, fugitives from justice, unlawful aliens, persons with court-mandated protective orders issued against them, persons who have been involuntarily committed to

168-611: A far-right patriot organisation known for its controversial presence during the Ferguson unrest and for supporting Cliven Bundy in his standoff against the federal government. In April, 2014, Mack asserted that as part of the citizen response to the Bundy standoff that the Oath Keepers were "...actually strategizing to put all the women up at the front. If they're gonna start shooting, it's going to be women that are gonna be televised all across

210-571: A lawsuit against the federal government which alleged that portions of the Act violated the United States Constitution , because they comprised a congressional action that compelled state officers to execute Federal law. These portions were interim provisions until a national instant background check system for gun purchasers could be implemented. In a 5–4 decision, the Supreme Court ruled that

252-650: A mental health facility, adjudicated mentally ill by a court, and others. Persons disqualified from firearms ownership for mental health reasons can apply to have this disability removed. States that do not maintain an application process to allow persons disqualified for mental health reasons to obtain relief from firearms prohibition face Justice Assistance Grant penalties. Section 105 of the NICS Improvement Amendments Act of 2007 (NIAA), cited as Pub. L. 110–180, § 105, provides for restoration of firearm ownership rights in mental health cases. Under NIAA it

294-536: A sheriff's challenge to the mandate, but the Fifth Circuit found that the mandate was unconstitutional , creating a circuit split . The Montana and Arizona Sheriffs' petition for a writ of certiorari was granted and one-hour of oral arguments were heard on December 3, 1996, where Hallbrook appeared for the sheriffs and Walter E. Dellinger III , the acting Solicitor General of the United States , appeared for

336-408: A worry that Members of Congress might take credit for "solving" a problem with policies that impose all the financial and administrative burden, as well as the blame, on local officials. The Court quoted Federalist No. 51 's argument that by giving voters control over dual sovereign governments "a double security arises to the rights of the people. The different governments will control each other, at

378-698: Is a stub . You can help Misplaced Pages by expanding it . Printz v. United States Printz v. United States , 521 U.S. 898 (1997), was a United States Supreme Court case in which the Court held that certain interim provisions of the Brady Handgun Violence Prevention Act violated the Tenth Amendment to the United States Constitution . The Gun Control Act of 1968 (GCA), Pub. L 90-618 and subsequent amendments established

420-486: Is a regular guest speaker at organizations such as the John Birch Society and conspiracy theorist and white supremacist radio shows such as The Political Cesspool and The Alex Jones Show . Mack has also been a public supporter of white supremacists such as Randy Weaver and Cliven Bundy, even taking part in the anti-government actions at Bundy's ranch as an organizer and planner. Mack spent eleven years with

462-454: Is analogous to ordering the mass inoculation of children to forestall an epidemic, or directing state officials to respond to a terrorist threat. He was very concerned with the ability of the federal government to respond to a national emergency and did not believe that "there is anything in the 10th amendment 'in historical understanding and practice, in the structure of the Constitution, or in

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504-525: Is in 2016. I’m going to be moving there in spring of 2015 so I can start getting ready for this. You have about a year and a half to decide. And I’m dead serious about this. If I can move there, so can you." Mack however was not on the 2016 ballot and incumbent sheriff Kelly Clarke was re-elected. Mack's legal theories that a local sheriff can override federal authority derive from the white supremacist Posse comitatus movement , whose rhetoric he regularly references. To promote his legal theories and views, he

546-676: Is up to each U.S. state to come up with its own application process; thus the procedure to regain one's rights varies from state-to-state. On November 30, 1993, President Bill Clinton signed into law the Brady Handgun Violence Prevention Act, Pub. L. 103–159, amending the 1968 Gun Control Act. This "Brady Bill" required the United States Attorney General to establish an electronic or phone-based background check to prevent firearms sales to persons already prohibited from owning firearms. This check, entitled

588-557: The National Instant Criminal Background Check System (NICS), went into effect as required on November 30, 1998. The Act also immediately put in place certain interim provisions until that system became operative. Under the interim provisions, a firearms dealer who proposes to transfer a handgun must receive from the transferee a statement (the Brady Form), containing the transferee's name and address, and

630-424: The United States Constitution . He is a former lobbyist for Gun Owners of America (GOA) and a two-time candidate for United States Congress . Mack is also the founder of Constitutional Sheriffs and Peace Officers Association (CSPOA), and established the "County Sheriff Project" movement, both of whom reaffirm what they claim is the constitutional power to refuse to enforce federal laws. Further to this, he sits on

672-561: The Court, the Madisonian Compromise had agreed to leave the creation of lower federal courts optional. The Court rejected the Government's argument that Federalist No. 36 , Federalist No. 45 , and Federalist No. 27 anticipated that Congress would "make use" of state officials. Rather, the Court viewed “almost two centuries of apparent congressional avoidance of the practice” as strong evidence that Congressmen did not think they had

714-652: The Framers' original intent was to require states to act as auxiliaries of the Federal government. Justice Breyer filed a dissenting opinion, joined by Justice Stevens, using international comparative law to observe that the federalism found in many foreign countries gives the central government some authority over sub-national jurisdictions. The immediate effects of the ruling on the Brady Bill were negligible. The vast majority of local and state law enforcement officials supported

756-646: The Government's argument, the Court held that the Tenth Amendment categorically forbids the Federal Government from commanding state officials directly. As such, the Brady Act's mandate on the Sheriffs to perform background checks was unconstitutional. Justice O'Connor wrote a concurring opinion , alone, highlighting that the Court's holding left local Chief Law Enforcement Officers free to voluntarily comply with

798-527: The Government. On June 27, 1997, the last day of the term, the Supreme Court reversed the Ninth Circuit Court of Appeals. Justice Antonin Scalia , joined by Chief Justice William Rehnquist alongside Justices Sandra Day O'Connor , Anthony Kennedy , and Clarence Thomas found that the Brady Act's attempted commandeering of the sheriffs to perform background checks violated the Tenth Amendment to

840-521: The States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." States derive their protection from commandeering from the Tenth Amendment . The Congress may enact federal law that supersedes or preempts state law. The distinction between commandeering and preemption was at issue in Murphy v. NCAA ,

882-505: The United States of his power to execute the laws; contradicting the " unitary executive theory ". The Court explained Finally, the Court applied its past jurisprudence. The Government had argued that the anti-commandeering doctrine established in New York v. United States (1992), which held that Congress could not command state legislatures to either pass a law or take ownership of nuclear waste, did not apply to state officials. Rejecting

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924-480: The United States Constitution . In writing for the majority opinion of the Court, Justice Scalia stated that, although there is no constitutional text precisely responding to the challenge, an answer can be found “in historical understanding and practice, the structure of the Constitution, and in the jurisprudence of this Court.” Founding era Acts of Congress imposing obligations on state judges are not evidence of federal power over state officials because, according to

966-499: The ability to carry a pistol in public was a constitutional right guaranteed by the Second Amendment. Richard Mack Richard Ivan Mack (born December 27, 1952) is the former sheriff of Graham County, Arizona and a political activist. He is known for his role in a successful lawsuit brought against the federal government of the United States which alleged that portions of the Brady Handgun Violence Prevention Act violated

1008-574: The board of directors of the Oath Keepers , a far-right militia group. Mack served as Graham County Sheriff from 1988 to 1996. In 1994 he was recruited by the National Rifle Association of America as a plaintiff in one of nine lawsuits against the Clinton administration over the Brady Handgun Violence Prevention Act . Mack v. United States (later restyled to Printz v. United States ),

1050-493: The constitutionality of the Brady Act's interim provisions. They objected to the use of congressional action to compel state officers to execute Federal law. On May 16, 1994, United States District Judge Charles C. Lovell granted the Sheriff declaratory judgment , finding that the provision requiring CLEOs to perform background checks violated the Tenth Amendment to the United States Constitution , but also concluding that provision

1092-455: The date the proposed transfer is to take place, along with a sworn statement that the transferee is not among any of the classes of prohibited purchasers, verify the identity of the transferee by examining an identification document, and provide the "chief law enforcement officer" (CLEO) of the transferee's residence with notice of the contents (and a copy) of the Brady Form. When a CLEO receives

1134-514: The federal government to moderate its efforts and take care not to offend constitutional rights." In District of Columbia v. Heller (2008), the Court adopted the suggestion from Justice Thomas's concurrence that the Constitution grants individuals a personal right to own firearms. The Heller decision lead to the Supreme Court Case New York State Rifle & Pistol Association, Inc. v. Bruen (2022) that ruled that

1176-460: The federal mandate. Justice Thomas also added a concurrence, alone, clarifying that, in his opinion, Congress's interstate Commerce Clause powers do not apply to purely intrastate firearms transfers. Thomas went on to urge the Court in a future case to consider whether the Second Amendment to the United States Constitution grants individuals a personal right to own firearms and to consider

1218-579: The federal police as part of the group's tactics. Mack ran as a Libertarian candidate for United States Senate in Arizona in 2006 against incumbent Jon Kyl , a Republican, but finished in the general election with 3% of the votes. In 2012, Mack opposed 13-term Representative Lamar Smith , who introduced and sponsored the controversial Stop Online Piracy Act legislation, in the House election Republican primary for Texas's 21st Congressional district. The primary

1260-570: The interim provisions and were happy to comply with the background checks. The issue ended with the completion of the federal background check database. However, Printz v. United States was an important ruling in support of States' rights and the New Federalism . Professor Ann Althouse has suggested that Printz applies to the U.S. government response to the September 11 attacks because "state and local government autonomy can exert pressure on

1302-597: The jurisprudence of this Court,' that forbids the enlistment of state officers to make that response effective." Moreover, the text of the Constitution does not support the Majority's apparent proposition that "a local police officer can ignore a command contained in a statute enacted by Congress pursuant to an express delegation of power enumerated in Article I." Justice Souter filed a dissenting opinion alone, emphasizing that he read Federalist No. 27 as providing ample evidence that

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1344-627: The police department of Provo, Utah , and then moved back to Arizona to run for Graham County Sheriff in 1988. While serving as sheriff, he attended the FBI National Academy and graduated in 1992. Mack was born in 1952 in Arizona. He is a member of the Church of Jesus Christ of Latter-day Saints and attended Brigham Young University , earning a degree in Latin American studies . In April of 2022, Richard Mack's adult son, Richard Solon Mack

1386-505: The power to command state officials. The Court explained that federalism in the United States is based upon " dual sovereignty ", quoting Federalist No. 39 's assurance that states retain "a residual and inviolable sovereignty". The Court stated that the Framers designed the Constitution to allow Federal regulation of international and interstate matters, not internal matters reserved to the State Legislatures. The Court expressed

1428-408: The power to pass whatever laws are necessary and proper to carry out its previously enumerated power. The Tenth Amendment, Stevens explained, contains no additional limitations on federal power, serving merely to clarify that the Government has only those powers granted by the Constitution. Stevens extolled the benefits of cooperative federalism . Federal direction of state officials in this manner

1470-524: The provisions of the Brady Act in question were, in fact, unconstitutional. Mack is involved in the patriot movement through his role in the Oath Keepers organization and as founder of the Constitutional Sheriffs and Peace Officers Association (CSPOA). Mack opposes all gun control laws, telling the program News21 , "I studied what the Founding Fathers meant about the Second Amendment,

1512-710: The required notice of a proposed transfer, they must "make a reasonable effort to ascertain within 5 business days whether receipt or possession would be in violation of the law, including research in whatever State and local recordkeeping systems are available and in a national system designated by the Attorney General." Petitioners Sheriffs Jay Printz and Richard Mack , the Chief Law Enforcement Officers for Ravalli County, Montana , and Graham County, Arizona , represented by Stephen Halbrook and David T. Hardy respectively, filed separate actions challenging

1554-469: The right to keep and bear arms, and the conclusion is inescapable. There's no way around it. Gun control in America is against the law." In 2011 Mack founded the Constitutional Sheriffs and Peace Officers Association (CSPOA). The organization has a mission similar to Oath Keepers, encouraging members to refuse to enforce laws that they believe are unconstitutional. Mack is also on the board of Oath Keepers ,

1596-518: The same time that each will be controlled by itself." The Court concluded that allowing the Federal government to draft the police officers of the 50 states into its service would increase its powers far beyond what the Constitution intends. The Court identified an additional structural problem with commandeering the Sheriffs: it violated the constitutional separation of powers by robbing the President of

1638-412: The world getting shot by these rogue federal officers." The Southern Poverty Law Center included both CSPOA and Oath Keepers on its list of 1,096 anti-government "patriot" groups active in 2013. Mack was a lead figure in the 2014 Bundy standoff . Part of Mack's involvement was strategizing the standoff; Mack publicly commented that he had made plans to use women and children as human shields against

1680-524: The “colorable argument” that federal gun laws would violate that right. Justice John Paul Stevens , joined by Justices David Souter , Ruth Bader Ginsburg , and Stephen Breyer , respectfully dissented. Justice Stevens suggested the Commerce Clause of the Constitution, giving the Federal government the right to regulate handgun sales, can be coupled with the Necessary and Proper Clause , giving Congress

1722-540: Was severable from the remainder of the Act, effectively leaving a voluntary background check system in place. On June 29, 1994, United States District Judge John Roll reached the same conclusion. Those judgments were reversed on September 8, 1995, by United States Court of Appeals for the Ninth Circuit Judge William C. Canby Jr. , joined by Judge Herbert Choy , over the dissent of Judge Ferdinand Francis Fernandez . The Second Circuit also rejected

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1764-423: Was held on May 29. Mack lost, receiving 14.78% (10,111) of the votes. On December 13, 2014, Mack announced his candidacy for Navajo County Sheriff. In his announcement, he said, "We’re gonna make it a constitutional county and show everybody the blueprint for freedom. And there’s a lot more people running for other offices than me. I just said I’d run for sheriff. We’re going to give this one more try. The election

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