Sen. Kruse has introduced SB 127 which, aside from some limited exceptions, purports to forbid federal employees from making arrests without the consent of the local sheriff. One of the exceptions refers to arrests made on a federal “enclave.” It’s as if Sen. Kruse regards the United States government as a foreign power. This appears to come out of a movement that regards the Sheriff’s authority as paramount under the 10th Amendment. Check the case reports for cases in which I’ve been involved, and you’ll find that I’m wildly pro-Sheriff. But I’m pretty sure President & General Washington decided this question fairly decisively when he rode at the head of 13,000 soldiers to put down the Whiskey Rebellion.
My understanding is that this movement has as something of an underpinning, the case of Printz v. United States which restricted the ability of Congress to commandeer local law enforcement officers to enforce federal law. This legislation stands that principle on its head to some degree; prohibiting the federal government from enforcing its own laws without permission from local officials.
I’m a citizen of Indiana and of the United States. And, while I’m happy to be a Hoosier, I find Sen. Kruse’s hostility to the United States and enforcement of its duly enacted laws not a little troubling.
In a similar vein, we have Sen. Boots SB 230 which purports to have the General Assembly give itself the authority to nullify federal law. Like President Washington put down the Whiskey Rebellion and answered the question about whether the federal government could enforce its laws; President Lincoln answered the question of nullification when he put down the southerners who were committing treason in defense of slavery.
Sen. Boots dresses up his legislation as applying generally to federal laws the general assembly deems unconstitutional, but singles out Obamacare for nullification and then does not include in his legislation any process by which the General Assembly is expected to find any other federal regulation unconstitutional.
Treason in defense of slavery was evil, but at least the rationale was somewhat understandable. Doing it in defense of keeping the crappy health care insurance system we have now is just weird.