Earlier this year, Montana passed, and the Governor signed, legislation that exempts from federal regulations any gun, gun accessory or ammunition made in the state and intended for use there. Other states are following in an attempt to revive the 10th Amendment to the Constitution.
CBS interviews some well respected constitutional scholars that don't hold out a lot of hope on the laws surviving a court challenge.
George Mason University professor Nelson Lund:
I think they probably should succeed and I think they probably won't.Independence Institute Research Director Dave Kopel:
...says supporters would be "foolish" to expect to win.Georgetown law school professor Randy Barnett:
believes the federalism laws won't "stand up to scrutiny" and has been suggesting says Texas and Utah could amend their pending bills to survive judicial review.Be that as it may, Eric Herzik, a University of Nevada political scientist told the LA Times,
You're going to get more of it as people look at the growth of the federal government and the big bailout of financial interests.
The Times wrote that legislatures in five states -- Alaska, Idaho, North Dakota, Oklahoma and South Dakota -- have passed resolutions asserting their sovereignty and asking the federal government to "cease and desist" from meddling in their business. Similar measures are pending in about two dozen other states, seven of them in the West.
Western states have always had an independent streak. It would be nice if they would lead the way to educating the rest of the country on our founding principles and wake up that 60% percent that gives Obama high poll ratings even as they become more and more concerned about some of his policies.
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