On the May 7th edition of the Glenn Beck Show, legislators from Utah and Texas, along with Judge Andrew Napolitano, discussed a potential change of seismic proportions. This change revolves around states re-asserting their independence and sovereignty from the federal government. At issue is everything from guns to immigration to minimum wage to the amount of shrimp you can take out of the ocean, to every regulation the federal government currently imposes on individual states.
The issue is being framed around federally mandated gun laws. Montana began the process this month by passing a law stating that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed. These guns would be stamped “Made in Montana”.
Similar legislation is being pursued in Utah, Texas and Alaska. The states are intending to have their laws challenged and quickly moved to the U.S. Supreme Court where the goal is to overturn the Supreme Court decision of Wickard v Filburn, a landmark case that has been invoked to impose federal law over state commerce.
According to Judge Napolitano, this case has to do with a farmer growing wheat in his field for his wife to make bread just for their family. He said the courts position held that “if a lot of different farmers did this, it could affect interstate commerce. So we’re going to let the feds regulate this one farmer.”
As a result, for nearly 70 years, the regulation by the federal government and congress has grown to regulate every aspect of what a state can do within it’s own borders.
According to Texas Representative Leo Berman, Texas has introduced an even more aggressive measure: Concurrent Resolution HCR 50, which reasserts Texas’ sovereignty in relation to federal government. He says that if the federal government or congress mandates anything on the state of Texas that is not fully authorized by the U.S. Constitution, they are not going to do it. Texas Governor Rick Perry has endorsed this resolution.
As you can see, the issue of states rejecting and overturning long held federal mandates is surfacing in multiple states all at the same time. What will be interesting to see is if the federal legislators from those states side with the decisions of their states, and thus limit their own power – or if their allegiance will remain with Washington.
If this issue develops traction, it has the greatest potential to create the most change in the shortest amount of time. Judge Napolitano believes with the current makeup of the U.S. Supreme Court, the Wickard v Filburn decision imposing federal law over state commerce could be reversed 5 to 4 or even 6 to 3. If that happens, fasten your seat belt, because everything changes overnight.
