When State and Local Laws Break the Constitution...
The ink’s been dry on the Constitution for over two centuries, and somehow we still have to remind lawmakers of the basics. Article VI, Paragraph 2 — better known as the Supremacy Clause — is about as subtle as a brick to the face:
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
Translation for the power drunk and the civics challenged… No state, city, or county gets to make a law that overrides the U.S. Constitution. Period. No “but we meant well,” no “it’s just local policy,” and no “we’ll sort it out in court ten years later while your life is ruined.”
Yet here we are.
Across the country, state legislatures, county boards, and city councils keep cranking out ordinances and statutes that have no business existing under the Supremacy Clause. They know they’re unconstitutional. Their legal teams know it. The judges who eventually hear the challenges know it. But these laws keep hitting the books and worse, they’re enforced until someone fights back, usually at their own expense.
Some offenders……
Speech restrictions…. Cities and counties passing ordinances that criminalize speech, filming public officials or recording in public spaces, despite First Amendment case law being crystal clear.
Gun control overreach… Local bans that directly contradict District of Columbia v. Heller and McDonald v. Chicago, pretending that the Second Amendment is just a suggestion.
Travel and commerce barriers….. State laws that try to restrict interstate trade or travel in violation of the Commerce Clause which courts have repeatedly said is federally protected.
“Nullification” attempts….. Certain states try to “opt out” of federal law entirely when it suits them politically, but then happily enforce federal law when it lines their pockets.
Why They Get Away With It?????
Because the penalty for violating the Supremacy Clause isn’t handcuffs for the lawmakers it’s court challenges. And those challenges cost time, money, and years of a person’s life. Most people fold under the financial strain, leaving bad laws on the books for the next unlucky target.
In the meantime, police and prosecutors enforce these illegal laws like they’re gospel. The old “just following orders” defense is alive and well only now it’s backed by a badge and a city budget.
Every unconstitutional arrest, fine, or seizure is more than a “technical” violation. It’s a direct attack on the concept of the rule of law. When state or local governments act as if the Constitution is optional, it sends the message that rights are conditional and that the government decides the conditions.
That’s not a republic. That’s rule by decree.
If we actually wanted to honor the Supremacy Clause, here’s what would change….
Automatic penalties for lawmakers and officials who knowingly pass or enforce unconstitutional laws.
Immediate injunctions when a credible claim of unconstitutionality is raised, not years later.
Personal liability for officials who enforce laws already ruled unconstitutional.
Public education on constitutional rights because the less you know, the easier you are to railroad.
Article VI, Paragraph 2 isn’t just decorative parchment. It’s supposed to be the firewall between you and a patchwork of petty tyrannies. The Supremacy Clause means no matter where you are in America, the Constitution is still the highest law of the land.
But that only matters if we force it to. Because right now, too many states, cities, and counties are testing how far they can go before someone stops them.
And if history tells us anything, once you let government ignore the Constitution, you might as well start printing the new rules on toilet paper.