Friday, May 08, 2009

STATE'S RIGHTS: Montana, Utah, then Texas

Montana has adopted a new law (effective in October) that exempts firearms manufactured and kept inside Montana as exempt from Federal regulations. Utah is working on it, and I saw an interview with a Texas lawmaker in which he said Texas will pass the same bill that Montana has.

Here are the fundamentals:

1. The US Constitution empowers the federal government to regulate interstate commerce (between states, not inside a state).
2. All powers not specifically given to the feds are reserved for the states.
3. So if something stays inside a state, and doesn't cross a state line, then the state can regulate it, but the feds can't.

For years, the feds have crept into our lives inside our states. Example: The feds threatened to withhold highway funding if the states didn't lower the speed limit to 55. It's nobody's business in Washington how fast we drive in Texas!!!


Now, the feds knew they couldn't FORCE the states to lower the speed limit...they didn't have the constitutional authority. But they could damn well stop the money.

No one likes this, but it hasn't been challenged in court in a long time.

Now these states are going to pass these laws, and it'll go to the Supremes.
No, not those Supremes......these Supremes.

I love it. Think about a few consequences. What if gas stations refused to collect federal gasoline taxes? What happens if my city gets its water from a local source...not across state lines...and my city and state tell the Feds to pound sand about the Clean Water Act, or tells the EPA to take a hike about water quality? Think about how much money we'll save if we don't have to meet all these cockamamie regulations.

We're talking about big changes here, folks. Big changes usually mean big consequences, and usually mean Jesse Jackson or Al Sharpton will come out and wring hands about how it would affect the poor.

Let's hope these states and more pass these laws. Then we have a little power to barter with against Washington.

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