We know that individuals can defy the law. Can a state legislature defy the law? When it comes to the gun issue, apparently it can.
I refer to the extraordinary legislation passed into law by the states of Montana and Tennessee declaring that guns or ammunition manufactured and retained entirely within the borders of those states are “not subject to federal law.” Apparently, similar legislation has been introduced in Texas, Alaska, Minnesota, South Carolina, Florida, Arizona and Colorado.
Can a state unilaterally exempt its homemade products from the reach of federal law? Only if it is prepared to defy the United States Constitution.
He goes on to explain that these initiatives into States' rights are actually unconstitutional. How is it that gun owners, who continually fall back on the 2nd Amendment for the justification of their actions, don't have a problem with this?
Under the Constitution, Congress has certain enumerated powers, including the power “to regulate Commerce. . . among the several states.”
The article continues to compare these actions to other failed attempts to resist Constitutional power.
The idea that states can unilaterally “opt out” of federal law is not new. Its ancestors range from the 18th century Anti-Federalist opponents of the Constitution, who thought only the states should have the power to regulate commerce, to John C. Calhoun’s nullification doctrine that led to the Civil War, to Governor George Wallace standing in the doorway defying the Attorney General of the United States, who was enforcing a federal order requiring the enrollment of black students at the University of Alabama. In short, on the issue of gun control, Montana and Tennessee have cast their lot with the historic “losers” in the great constitutional debate over state vs. federal power.
What's your opinion? Is there an inconsistency between the gun enthusiast who talks about the 2nd Amendment in one breath and States' autonomy in the next? What about those examples of "historic losers?" Are they good examples to describe what Montana and Tennessee are doing?
What's your opinion? Please leave a comment.