NEWS: Firearms Freedom Act introduced in West Virginia

West Virginia state senators Sypolt, Barnes, and Hall have co-sponsored the “Firearms Freedom Act” (SB84) – for the 2011 legislative session. The bill provides that

“A personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in West Virginia and that remains within the borders of West Virginia is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce. It is declared by the Legislature that those items have not traveled in interstate commerce.”

While the bill’s title focuses solely federal gun regulations, it has far more to do with the 10th Amendment’s mandate that powers not delegated to the federal government are “reserved to the states, respectively, or to the people.”


Virginia puts the federal government on notice–again

Virginia’s House of Delegates voted overwhelmingly in favor of another pro-federalism measure on Monday. By a count of 65-33, the House passed HR46, the State Sovereignty Resolution.

Its summary as introduced:

Expresses the sense of the House of Delegates that the Congress of the United States be urged to honor state sovereignty under the Tenth Amendment to the Constitution of the United States and claims sovereignty for the Commonwealth under the Tenth Amendment over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.

This is the legislature’s way of politely telling the federal government to butt out of issues that are not under its constitutional purview. Unfortunately, it is also largely symbolic.


NEWS: 11 and Counting – States Consider Obamacare Nullification

While some people leave their hopes in the hands of unelected, unaccountable, politically-connected lawyers that make up the federal judiciary, lawmakers in eleven states have taken steps to bypass Washington D.C. completely and take matters into their own hands.

The latest? South Dakota. Introduced by Representatives Hubbel, Jensen, Liss, and Nelson (Stace) and Senators Begalkaand Lederman is House Bill 1165 (HB1165), the National Health Care Nullification Act. (h/t Chris Stevens)

It states, in part:

The Legislature find that the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) is not authorized by the United States Constitution and violates the true meaning and intent of the United States Constitution, and further finds that such law is invalid in this state, may not be recognized by this state, is specifically rejected by this state, and is considered null and void and of no effect in this state

The bill also establishes penalties, including fines and jail time, for any agent seeking to enforce the federal health care bill within the state’s borders:

No official, agent, or employee of the United States government nor any employee of any entity providing services to the United States government may enforce or attempt to enforce the Patient Protection and Affordable Care Act (H.R. 3590; Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (H.R. 4872; Pub. L. No. 111-152) or any order, statute, rule, or regulation of the United States government established in connection with that Act. A violation of this section is a Class 5 felony

State legislators in Maine, Montana, Idaho, North Dakota, Nebraska, New Hampshire, Oklahoma, Oregon, Texas and Wyoming have already introduced similar bills.