A Texas Republican congressman wants to make it a crime for federal officials to enforce an assault weapons ban in his state.
“If a federal official comes into the state of Texas to enforce the federal executive order, that person is subject to criminal prosecution,” Rep. Steve Toth told radio station 1200 WOAI Tuesday.
The bill’s punishment for Federal officials who dare enforce the law: $50,000 fine and up to five years in prison.
According to a writeup on the station’s website, Toth was referring not just to executive orders issued by President Obama, but also to legislation passed by Congress.
Toth’s measure would appear to be unconstitutional. The Supremacy Clause makes clear that where federal and state law conflicts, federal law takes precedence. But Toth said he’d welcome a legal fight over the issue. “At some point there needs to be a showdown between the states and the federal government over the Supremacy Clause,” he said, adding: “It is our responsibility to push back when those laws are infringed by King Obama.” On Monday, another Republican congressman from Texas, Rep. Steve Stockman, said he’d work to impeach Obama if he uses his executive powers to address gun violence.
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