What Is A "Constitutional County" And Does Chemung County Need To Be Declared One?

[TTL News 307]

A recent trend across New York and other states is the call for counties to be declared "constitutional counties". 

A constitutional county is one that ensures the county government will not enact nor enforce any laws that encroach upon the rights of citizens under the U.S. Constitution and the Bill of Rights. This has been more calls for this in response to government mandates during the Covid pandemic as well as pertaining to gun rights. 

In August 2021 the Cattaraugus County legislature unanimously passed a resolution declaring Cattaraugus County a Constitutional County.

Do you support the movement to have Chemung County declared a "constitutional county"? If so, how do you think it will change the way the county is currently governed?

Or do you think it is "feel good legislation", which even proponents have admitted it to be?

 

[MsKreed 1,167]

59 minutes ago, TwinTiersLiving said:

A constitutional county is one that ensures the county government will not enact nor enforce any laws that encroach upon the rights of citizens under the U.S. Constitution and the Bill of Rights.

Under the Constitution, isn't to deferring to the Supreme Court of the United States the only way for a “constitutional county” to meet that definition?

It’s a circular argument, as Article III, Section 2 says that:

Quote

The judicial Power [of SCOTUS] shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Beginning with John Marshall, who served as the Chief Justice of the United States from 1801 until his death in 1835........Justices and Constitutional scholars have concluded that SCOTUS is the ultimate arbiter of the meaning of the Constitution.

It seems like it would actually violate the Constitution for any county to take it upon themselves to interpret the document, when the document expressly says that the Judicial branch is the only entity with the power to interpret the document.

Edited October 14, 2021 by MsKreed

[Chris 2,153]

1 hour ago, MsKreed said:

It seems like it would actually violate the Constitution for any county to take it upon themselves to interpret the document, when the document expressly says that the Judicial branch is the only entity with the power to interpret the document.

That's along the same lines as I was thinking. 

Who is the person, here on the county level, that decides something is constitutional or not? And by what criteria? Because let's be honest, there's evidence a lot of people don't understand the criteria for what is or isn't constitutional. I'll give them a hint though: It's not just because you don't like it. 

 

[Chris 2,153]

It just occurred to me:

People who want less government want the government to declare…

Check please.

[Chris 2,153]

Looks like the Chemung County Legislature feel that this is entirely unnecessary and pretty much shot it down last night during a standing committee meeting.

Discussion about this particular topic begins around 1:40 mark.

Legislator Brennan appears to be the only one who spoke in support of it, and began by reading anonymous comments from the public. He was called out on it by Legislator Woodard and shut down. Which he wasn't happy about apparently:

Which is ironic, because it's exactly what he did to Sonsire previously.

[Kevin 334]

I am just sitting here waiting for his lawsuit to be announced. 

[Chris 2,153]

Well, that would be the constitutional way to air one's grievances according to his peers in that video. 

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