Friday, May 8, 2009

States Rights and the 10th Amendment

The debate is starting to heat up in regards to the rights to the individual states. The 10th amendment says:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

These issues are becoming front and center for a variety of reasons. The stimulus package provisions being one example of this. The stimulus package states that payment for the work done on the projects must be done on scale union wages. The State of California is on the brink of insolvency, so this provision is problematic to them. Gov. Arnold Schwarzenegger has written a letter to President Obama in regards to this provision and requesting an exemption.
Montana has passed a law exempting the state from federal laws restricting guns. All guns and ammunition made in the state that is sold within the state will be stamped Made in Montana, and will fall under only the jurisdiction of the state. This law is due to take effect on October 10, 2009. The basis of the law is that the 10th Amendment is for inter-state commerce, not intra-state commerce.
Leo Berman, Texas State Representative, is introducing a bill that will clarify that Texas is a Sovereign state and that they’re not required to follow any federal law that is not mandated under the U.S. Constitution. He believes that the bill will pass.
In Utah, the Patrick Henry Caucus has been formed. Patrick Henry famously said “Give me Liberty, or Give me Death.” The caucus has been formed to ensure the sovereignty of states rights. They are hoping to set up the same type of organization in all 50 states.
The federal government may find that they are over-playing their hand. The legislators and governors across the country are starting to question the control the federal government is trying to exert, and how they are using money to do it.
This is nothing new; the feds have been doing this for quite sometime. The drinking age being one very good example of this. Under the constitution, the federal government has no right to set a minimum drinking age. In order to get all 50 states to raise the age to 21 they were withholding money for road projects. All 50 states capitulated and raised the age to 21. While I feel that this is a good law, it is how it came about that is disturbing. The federal government keeps usurping on the rights of the states that was given to them by the constitution.
This is an issue that we will be hearing more of as time goes by. The chances of the gun control lobby not bringing the Montana law to court is next to nil. I would venture to say this will be falling to the Supreme Court to decide within the next five years.

1 comment:

Cafe Mocha Momma said...

How very enlightening! I've often wanted to be more knowledgeable about such issues, especially with the recent actions of the current administration. Will definitely keep tabs on new posts. I'm following you from MBC.

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