Kentucky Joins Movement to Resist Abuses of Commerce Clause, 2nd Amendment

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In states
around the country, there’s a growing movement to address and
resist two of the most abused parts of the Constitution – the
Commerce
Clause
and the 2nd Amendment. Already being considered in a
number of state legislatures, and passed as law in Montana and Tennessee
this year, the Firearms Freedom Act (FFA) is a state law that seeks
to do just that.

The latest
to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative
session, HB87
seeks to “Create new sections of KRS Chapter 237, relating
to firearms, firearm accessories and ammunition that are made in
Kentucky, marked made in Kentucky, and used in Kentucky, to specify
that these items are exempt from federal law”

While the FFA’s
title focuses on federal gun regulations, it has far more to do
with the 10th Amendment’s limit on the power of the federal
government. The bills in state houses contain language such as the
following:

“federal
laws and regulations do not apply to personal firearms, firearm
accessories, or ammunition that is manufactured in [this state]
and remains in [state]. The limitation on federal law and regulation
stated in this bill applies to a firearm, a firearm accessory,
or ammunition that is manufactured using basic materials and that
can be manufactured without the inclusion of any significant parts
imported into this state.”

NULLIFICATION

Some supporters
of the legislation say that a successful application of such a state-law
would set a strong precedent and open the door for states to take
their own positions on a wide range of activities that they see
as not being authorized to the Federal Government by the Constitution.

The principle
behind such legislation is nullification,
which has a long history in the American tradition. When a state
‘nullifies’ a federal law, it is proclaiming that the
law in question is void and inoperative, or ‘non-effective,’
within the boundaries of that state; or, in other words, not a law
as far as the state is concerned.

All across
the country, activists and state-legislators are pressing for similar
legislation, to nullify specific federal laws within their states.

A proposed
Constitutional Amendment to effectively ban national health care
will
go to a vote in Arizona
in 2010. Fourteen states now have some
form of medical
marijuana laws
– in direct contravention to federal laws
which state that the plant is illegal in all circumstances. And,
massive state nullification
of the 2005 Real ID Act
has rendered the law nearly void.

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the rest of the article

November
13, 2009

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