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In the Supreme Court case Printz v. U.S. from 1997 that protected state officers from a federal law that attempted to mandate Brady bill participation. Scalia's summary states:
"We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring 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. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed. It is so ordered."
In this ruling, sheriffs can find comfort in a federal opinion that supports their power to reject, at their discretion, the enforcement of a federal law and the legal cover it provides. While this ruling prohibits federal legislation from commandeering state officers, it is important to note that Sheriffs do not require permission from a federal court to say "no" to enforcing unconstitutional laws. In the same way states do not require federal permission to nullify unconstitutional laws.
Sheriffs, States and the Supreme Court ? Tenth Amendment Center
And further, a Sheriff would have a sworn duty to actively PREVENT the application and enforcement of such laws.
"We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring 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. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed. It is so ordered."
In this ruling, sheriffs can find comfort in a federal opinion that supports their power to reject, at their discretion, the enforcement of a federal law and the legal cover it provides. While this ruling prohibits federal legislation from commandeering state officers, it is important to note that Sheriffs do not require permission from a federal court to say "no" to enforcing unconstitutional laws. In the same way states do not require federal permission to nullify unconstitutional laws.
Sheriffs, States and the Supreme Court ? Tenth Amendment Center
And further, a Sheriff would have a sworn duty to actively PREVENT the application and enforcement of such laws.
