Posted: May 13th, 2009 by Militant Libertarian
Anyone who has had the privilege to listen to a lecture from Tom Woods or read Judge Andrew Napolitano knows this is big news. Nullification is one the best weapons in our constitutional arsenal to check the power of the federal government back to its proper levels; although nullification is relatively unknown. Nullification declares a federal law the state feels is unconstitutional invalid within the state passing the nullification law. It goes beyond the language of state sovereignty acts and takes action.
There is speculation that the Supreme Court would take up the eminent case between the federal government and Montana should an emerging consensus arise with several states adopting similar laws, and overturn the expansion of the Interstate Commerce clause, and in doing so severely tie the hands of congress and the executive branch. The federal government currently uses an expanded and unconstitutional interpretation of the interstate commerce clause to interfere in affairs constitutionally left to the states ranging from guns to what a farmer can grow on his farm for personal consumption. Those looking for more information on nullification should check out the Virginia and Kentucky Resolutions of 1798 penned by Jefferson and Madison respectively or check out this Tom Woods video.
Montana’s nullification action is with regard to gun laws. Montana has declared that federal gun laws are invalid in the state of Montana on guns made in the state of Montana, used exclusively in the state of Montana, and never transported across state lines. This particular law applies to ammunition and gun accessories as well. This is now a law in Montana. It has been passed and signed by the governor. Similar laws are being formed in Utah, Tennessee, and Texas. Imagine the impact Campaign for Liberty could have in getting similar legislation passed with local efforts within our states.
The law, included below, says in simple terms the following.
Section 1: Gives a name to the bill
Section 2: States why the state of Montana can nullify a federal law, including references to the 2nd, 9th, & 10th amendments to the US Constitution
Section 3: Sets up definitions for terms used in the bill
Section 4: Nullifies federal gun laws relating to arms built, used, and kept within the state of Montana
Section 5: Sets exceptions to what is nullified
Section 6: Brands Montana firearms
Section 7: Lists where the law goes in the Montana Code
Section 8: Sets application date to October 1, 2009
See the original article for more information.
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