HB 604 proposed to require that federal employees must obtain the county sheriff’s permission to make an arrest, search, or seizure within the sheriff’s jurisdiction and to provide for the prosecution of a federal employee for violating this requirement. I voted against this bill because it violates the supremacy clause of the U.S. Constitution and attempts to nullify federal law.
This bill violates the supremacy clause because a state cannot dictate how a federal employee must perform his or her duties without conflicting with federal law and regulations. Nor can a state prosecute a federal employee for violating such a state law without also violating the supremacy clause. This is called federal preemption.
There must be better ways (e.g., a Memorandum of Understanding between the Montana Attorney General and the various federal law enforcement agencies) to maximize cooperation and prevent misadventures between federal employees and local law enforcement authorities that do not violate the constitution.
More disturbing is the bill’s rejection of federal law. Section 4 of the bill states that “the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.” This is an overt nullification of federal law.
Paid for by Rusk for Legislature. P.O. Box 531, Corvallis, MT 59828. Republican.