Evening News: States’ Rights, Citizenship Eligibility, TSAby Phil on 11/16/2010
The Legislature of the State of Texas declares that a firearm, a firearm accessory, or ammunition manufactured in Texas, as described by Chapter 2003, Business & Commerce Code, as added by this Act, that remains within the borders of Texas:
(1) has not traveled in interstate commerce; and
(2) is not subject to federal law or federal regulation, including registration, under the authority of the United States Congress to regulate interstate commerce.
The Center notes that eight States passed similar legislation in 2009: Montana, Tennessee, Utah, Wyoming, South Dakota, Idaho, Alaska and Arizona. For 2011, another dozen States could introduce such legislation.
Part of the point of such State initiatives is to eventually be able to bring a challenge before the Judiciary in an effort to strike down federal legislation that would seek to impugn 10th Amendment rights.
And in my home State, Georgia Rep. Bobby Franklin (R-Marietta) introduced the following eight State constitutional amendments:
HR 1 would repeal all property taxes, both State and Local, and replace them with either a sales and use tax or a flat household tax.
HR 2 would prohibit Eminent Domain in Georgia.
HR 3 would repeal and prohibit all land use restrictions and zoning laws in Georgia.
HR 4 would allow any citizen of Georgia to have standing to challenge the constitutionality of any State law.
HR 5 would prohibit any State Court of Appeals or State Supreme Court decision from being binding on anyone other than the parties involved in the particular case in question.
HR 6 would make all Judicial Qualifying Committee actions regarding discipline of judges advisory only, with the General Assembly having sole authority to carry out discipline of judges.
HR 7 would prohibit anyone appointed to fill a vacancy in an elective public office from running for a full term to that office.
HR 8 would repeal the clause in the current State Constitution mandating that all appropriations to the State Board of Regents be made in one lump sum, with the Board of Regents having final authority as to exactly how the money is allocated.
Also, Georgia is once again suing the Justice Department in an effort to receive permission to verify voter citizenship:
Like in June, the suit is being handled by a private attorney, Anne Lewis, rather than the state Law Department because outgoing Attorney General Thurbert Baker thinks suing the federal government is a mistake. Kemp, though, has briefed Baker’s successor, Sam Olens, as well as Gov.-elect Nathan Deal.
At issue in June was a process for comparing voter-registration data to records held by the U.S. Social Security Administration and the Georgia Department of Driver Services. The new lawsuit is over a Georgia law passed in 2009 that would require anyone registering to vote to provide documentation of citizenship, from a drivers-license number to a copy of a passport or certain other documents.
Georgia is among the states required by the federal Voting Rights Act to have any changes in voting precleared by the federal government. States usually seek preclearance from the Justice Department, but they can also file suit in U.S. District Court in Washington. …
Monday, the Justice Department had no comment about the latest suit, according to department spokeswoman Xochitl Hinojosa.
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