States’ Rights Update: Alaska, Georgia, Idaho, Indiana, Montanaby Phil on 04/7/2009
On April 6, 2009, the Alaska House of Representatives overwhelmingly passed House Joint Resolution 27 [HJR27] [status page] which “claims sovereignty for the state under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States”
The final vote was 37-0, with 3 not voting. Here’s the tally. (h/t Tom Mortensen)
Also from TenthAmendmentCenter.com:
On April 1, 2009, the Georgia State Senate passed Resolution 632 (SR632) [status page] “Affirming states’ rights based on Jeffersonian principles.” The vote was a resounding 43-1, with 12 not voting or excused. Here’s the tally. (h/t Vinny Patel)
BOISE, Idaho (AP) – The Senate used a voice vote to pass a resolution telling the federal government to respect Idaho’s sovereignty.
Sen. Monty Pearce, a Payette Republican, on Tuesday compared laws protecting states’ rights to rules that govern sporting events, then accused Congress of ignoring those when it passes bills mandating states to do certain things under threat of lost funding or other punishment. …
The bill cleared the House 51-17 last month.
Both Idaho’s HJM004 (status page) on State sovereignty and HJM003 (status page) “urging that the Senate and House of Representatives of the United State in Congress and to the Idaho congressional delegation to cease and desist attempting to enact federal legislation impinging on the individual right to keep and bear arms” have passed both chambers.
Senator Walker reports the hearing was “…the most fun I’ve had in the 2 1/2 years I’ve had this job.”
Needless to say, SR 42 passed in committee.
The vote was 8 to 0, with 3 absent. All four Democrats present voted AYE! As well, three asked to be added as coauthors no less!! Those Senators being Senators Deig, Skinner and Arnold.
Senator Walker reports that he is up to 19 co-authors now, including three Committee Chairs – Senators Paul, Steele and Kruse, and Senate President pro-tem Long.
In the wake of the easy passage through the Montana legislature of Montana House Bill 246, Governor Brian Schweitzer’s signature is all that is needed to set up a potentially explosive battle between state sovereignty on the one hand, and smothering, centralized federal power on the other. …
For anyone who believes the federal government can legitimately exercise only the powers explicitly enumerated by the Constitution as being within its purview (in other words, anyone who actually reads the Constitution, and is honest about what it says), there is no debate–the federal government has zero power to regulate arms produced in Montana, and that are kept within the state (rather than sold in interstate commerce, and thus made subject to federal regulation under the commerce clause).
Whether or not Governor Schweitzer will sign the bill is open to question. Although considered a reliably “pro-gun” Democrat, I cannot help but raise an eyebrow over his enthusiastic support of Obama’s candicacy, and defense of Obama’s position on private gun ownership:
As for Obama, Schweitzer said, “He ain’t going to take your gun away. He ain’t ever going to take your gun away.”
Unless, of course, your gun is an “assault weapon,” was purchased via the “gun show loophole,” or is not “child-proof.”
A current listing of State-based initiatives can be found here.