Grassroots in Nebraska

Tenth Amendment
(Source: Texas Legislature Online)

CONCURRENT RESOLUTION
WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: “The powers
not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people”;
and

WHEREAS, The Tenth Amendment defines the total scope of federal power as being that specifically
granted by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was
created by the states specifically to be an agent of the states; and

WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the
United States; and WHEREAS, The Tenth Amendment assures that we, the people of the United States of
America and each sovereign state in the Union
of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Section 4, Article IV, of the Constitution says, “The United States shall guarantee to every
State in this Union a Republican Form of Government,” and the Ninth Amendment states that “The
enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people”; and

WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408
(1992), that congress may not simply commandeer the legislative and regulatory processes of the states;
and

WHEREAS, A number of proposals from previous administrations and some now pending from the present
administration and from
congress may further violate the Constitution of the United States; now, therefore, be it

RESOLVED, That the 81st Legislature of the State of Texas hereby claim sovereignty under the Tenth
Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted
to the federal government by the Constitution of the United States; and, be it further

RESOLVED, That this serve as notice and demand to the federal government, as our agent, to cease and
desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated
powers; and, be it further

RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or
criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be
prohibited or repealed; and, be it further

RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of
the United States, to
the speaker of the house of representatives and the president of the senate of the United States Congress,
and to all the members of the
Texas delegation to the congress with the request that this resolution be officially entered in the
Congressional Record as a memorial to the Congress of the United States of America.

Sovereignty Resolutions and Long-Term Effect

Posted on 23 April 2009

by Rob Natelson, Electric City Weblog

Governor Rick Perry of Texas is getting some nice national press for endorsing a state “Tenth Amendment”
resolution stating, among other things, that “That the 81st Legislature of the State of Texas hereby claim
sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not
otherwise enumerated and granted to the federal government by the Constitution of the United States.”

Everyone seems to have forgotten that we went down this road not too long ago, and it didn’t lead
anywhere. In the early and mid-1990s, many states (including Montana) passed similar resolutions.

In fact, the Texas resolution is almost a word-for-word duplication of those passed in the 1990s – including
even the gross historical error that “the federal government was created by the states specifically to be an
agent of the states.”

The resolutions of the ’90s had little long-term effect. One reason was the non-binding effect of mere
resolutions. Another was that you can say the states have all powers not delegated to the federal
government, but that means nothing unless you define the powers of the federal government more narrowly
than they are currently being defined.

At a time when states have become deeply dependent on federal revenue, state officials have strong
incentives to cooperate with the source of that revenue. So when state legislatures did follow up in the ’90s
with more substantive legislation, governors and attorneys general often ignored it. A case in point was
Governor Marc Racicot’s failure to enforce the Montana Mandates Act.

Perry may be more serious than most: He was willing to turn down part of the Congressional stimulus plan.
If he is really serious, he’ll oppose any state budget that includes spending for other constitutionally-
suspect programs.

If tea party advocates want anything more than resolutions, the way to start is to ensure that between now
and the next election, they swarm all over our state and federal elected officials, giving them no peace until
those officials begin to respect the Constitution’s limits on federal power.

Cross-posted from Electric City Weblog

Rob Natelson is Professor of Law and David Mason scholar at the University of Montana, where he
teaches constitutional law and constitutional history. He is currently seeking a publisher for his latest
book, The Original Constitution.

Montana Gun Law

Montana
HOUSE BILL NO. 246

INTRODUCED BY J. BONIEK, BENNETT, BUTCHER, CURTISS, RANDALL, WARBURTON

AN ACT EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF

THE CONSTITUTION OF THE UNITED STATES A FIREARM, A FIREARM ACCESSORY, OR
AMMUNITION MANUFACTURED AND RETAINED IN MONTANA; AND PROVIDING AN
APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Firearms Freedom Act".

Section 2. Legislative declarations of authority. The legislature declares that the authority for [sections 1
through 6] is the following:

(1) The 10th amendment to the United States constitution guarantees to the states and their people all
powers not granted to the federal government elsewhere in the constitution and reserves to the state and
people of Montana certain powers as they were understood at the time that Montana was admitted to
statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of
Montana and the United States as of the time that the compact with the United States was agreed upon and
adopted by Montana and the United States in 1889.

(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the
constitution and reserves to the people of Montana certain rights, as they were understood at the time that
Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between
the state and people of Montana and the United States as of the time that the compact with the United
States was agreed upon and adopted by Montana and the United States in 1889.

(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the
United States constitution, particularly if not expressly preempted by federal law. Congress has not
expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate
basis of firearms, firearms accessories, and ammunition.

(4) The second amendment to the United States constitution reserves to the people the right to keep and
bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the
guaranty of the right is a matter of contract between the state and people of Montana and the United States
as of the time that the compact with the United States was agreed upon and adopted by Montana and the
United States in 1889.

(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits
government interference with, the right of individual Montana citizens to keep and bear arms. This
constitutional protection is unchanged from the 1889 Montana constitution, which was approved by
congress and the people of Montana, and the right exists, as it was understood at the time that the compact
with the United States was agreed upon and adopted by Montana and the United States in 1889.

Section 3. Definitions. As used in [sections 1 through 6], the following definitions apply:

(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889
Montana constitution.
(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are
not essential to the basic function of a firearm, including but not limited to telescopic or laser sights,
magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition
carriers, and lights for target illumination.

(3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.

(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic
materials for functional usefulness, including but not limited to forging, casting, machining, or other
processes for working materials.

Section 4. Prohibitions. A personal firearm, a firearm accessory, or ammunition that is manufactured

commercially or privately in Montana and that remains within the borders of Montana 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. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in
Montana from basic materials and that can be manufactured without the inclusion of any significant parts
imported from another state. Generic and insignificant parts that have other manufacturing or consumer
product applications are not firearms, firearms accessories, or ammunition, and their importation into
Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana
does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the
legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms
accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms
accessories, and ammunition under interstate commerce as if they were actually firearms, firearms
accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials
does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana
from those materials. Firearms accessories that are imported into Montana from another state and that are
subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation
under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.

Section 5. Exceptions. [Section 4] does not apply to:

(1) A firearm that cannot be carried and used by one person;

(2) A firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black
powder, as a propellant;

(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile
leaves the firearm; or

(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

Section 6. Marketing of firearms. A firearm manufactured or sold in Montana under [sections 1 through 6]
must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or
frame.

Section 7. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of
Title 30, and the provisions of Title 30 apply to [sections 1 through 6].

Section 8. Applicability. [This act] applies to firearms, firearms accessories, and ammunition that are
manufactured, as defined in [section 3], and retained in Montana after October 1, 2009.

City of Lincoln Budget Process

There are two opportunities for Lincoln residents to give their opinion about the upcoming City
budget; an online survey and an in depth discussion session. Considering the continuing budget
shortfall, Mayor Beutler's seeming predisposition for spending, and the Tuesday change in the
balance of the Council, it would seem like an excellent time for as many fiscally conservative
minded voters to engage in the process that is available.

The information below was pasted in from the site to which this is linked. If you click on the title,
you will go directly to the site. That original version of the post includes the links to the survey.

"<a href="http://ppc.unl.edu/story/LincolnBudgetSurveyApril2009">Lincoln Budget Survey</a>

Lincoln Residents: You are invited to provide input into the City's budget for 2009-2010. Mayor
Chris Beutler encourages residents to participate in an online survey on the City budget. It is
available by clicking here, or you can access the survey from lincoln.ne.gov. The link is titled
"Taking Charge Survey". The “Taking Charge” survey focuses on programs and services that are
in danger of being eliminated or reduced in the budget now being finalized. Mayor Beutler said
major budget choices must be made. He would like the community to be involved in these
important budget decisions. At the end of the survey you are invited to register for a discussion
where you will be compensated $35 for your time and additional input. You must be 19 years or
older to participate, and a resident of Lincoln.

On Saturday, May 16, there will be an in-depth discussion about the City's budget hosted by the
University of Nebraska Public Policy Center. The discussion event will begin at 8:30 a.m. and
finish at 3:00 p.m. The discussion will take place at UNL's East Campus Union. Pre-registration is
required. Participants will be compensated $35 for their time and input. Space is limited, and
participants will be accepted on a first-come, first-served basis. To register, complete the survey.
Registration information is included at the end of the survey. More information about the
discussion can be obtained by calling (402) 472-5678.

Click here for the official press release from the Mayor's Office over the Lincoln Budget Survey."