Tuesday, June 16, 2009

Restoring federalism?

Big Lizards blogger Dafydd ap Hugh calls attention to a couple of laws being considered in Montana and Texas:

In May, Montana became the first state to approve the Firearms Freedom Act, which declares that guns manufactured and sold in the Big Sky State to buyers who plan to keep the weapons within the state are exempt from federal gun regulations.

According to the act's supporters, if guns bearing a "Made in Montana" stamp remain in Montana, then federal rules such as background checks, registration and dealer licensing no longer apply. But court cases have interpreted the U.S. Constitution's Interstate Commerce Clause as covering anything that might affect interstate commerce -- which in practice means just about anything.

(Including, as he mentions, growing your own vegetables in your own garden.)

Two other states -- Alaska and Texas -- have had favorable votes on laws similar to Montana's, declaring that guns that stay within the state are none of the feds' business. More than a dozen others are considering such laws, and more-general declarations of state sovereignty have been introduced this year in more than 30 legislatures.

The federal courts may not respond well to these laws in the short term, but backers who acknowledge this say that regardless, they intend for the laws to change the political landscape in the long term. They hope these state laws will undercut the legitimacy of contrary federal law -- as has happened with medicinal marijuana -- and even push federal courts to bend with the popular wind.

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