Letters to the Editor
The supremacy clause, Article VI paragraph two: “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.
“Shall” appears four times in that short clause. When that word is used, there are no alternatives permissible.
Laws of the United States which shall be made in pursuance thereof…” Therefore, any laws congress makes shall be in pursuance of the Constitution; if not pursuant, then they are no law at all, according to Chief Justice Marshall, among others.
We find further clarification in the Article I, section 8 enumerated powers:
“The Congress shall have power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing [limited] Powers, and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof.”
Again, we see the word “shall” used, thereby removing any doubt as to the requirement of that clause.
Remember too, the rule of law rises or falls according to our diligent, vigorous observance of ensuring that all laws are pursuant to their Authority: The Constitution, state or federal. Yes, Montana can, and must, “pick-and-choose” which federal laws will have effect in Montana.
by Dick Wells
Thank you Greg Hinkle for working hard this 62nd Legislative Session.
If one only read the letters to the editor published in local newspapers these past few months and was not paying close attention to the goings on in Helena this 62nd Legislative Session, one would never know the tremendous work for Freedom and Limited Government that our Senator Greg Hinkle has been doing.
Greg has been tirelessly working to pass excellent legislation for Sanders County and Montana, Bills that would ensure our inalienable constitutional rights.
He carried:
SB114 – Sheriff’s First, passed both Houses.
SB115 - which prohibits FWP from disclosing the names of those who lawfully harvest a large predator? Passed both Houses and is awaiting the Governors signature.
SB 116 – Prohibit Assisted Suicide, protecting potential abuse of the elderly.
SB 117 – Coordination, a job enhancing bill
SB 169- Making a crime for internet suicide predators; (helping to draw attention to the issue and is now introduced in Congress)
Greg also carried and passed through the Senate the following bills for other House members:
HB271 - Exception to concealed weapon offense if eligible to obtain permit;
HB339 - Eliminate limit on sale of Class B-13 youth nonresident big game combo licenses and
HB548 - Revising 46-18-203 regarding revocation of a suspended or deferred sentence
Greg debated and discussed in opposition to bad bills designed to reduce citizen sovereignty
Greg supported and argued in favor of good bills such as ones that would decrease the size of government. He voted for bills that were more business friendly and favored less restrictive regulations while at the same time protecting our environment. He understands that proper stewardship of the environment while using our natural resources could create jobs here in Montana, helped in almost 40 job enhancing bills and votes that way. Greg always stands for families and is a mighty pro-life advocate from the unborn to the elderly. He believes in the final authority of parents to know and have input in their child’s education in the public system, private or home school arena. He is a avid supporter of property rights and one of the strongest supporters of the second amendment as well as other constitutional issues.
Greg has suffered unsubstantiated and vicious attacks from his opponents [primarily those on the far left of the political spectrum] in his pursuit of Liberty and Sovereignty for Montana citizens. They have sent slanderous and misinformation to the print media and to internet blogs about Greg; misrepresenting his words and intentions. Why? Because Greg, like National figures like Ron Paul, Rand Paul, Michelle Bachman, and currently Dennis Kucinich, speaks out against Big Government and for states rights issues.
By Lark Chadwick