GUNS: The governor signed into law a bill that exempts Montana-made firearms from federal regulations. While this affects a tiny number of gun makers in the state, sponsor Rep. Joel Boniek, R-Livingston, and other gun rights advocates hope the bill could trigger a Supreme Court case over how the federal government regulates gun sales. THIS IS CHANGE I CAN BELIEVE IN!
It all stems from a Supreme Court decision about the 9th and 10th Amendments many years ago. First the law.
The 9th Amendment states; Construction of Constitution, Ratified 12/15/1791. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The 10th Amendment states; Powers of the States and People: Ratified 12/15/1791. 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.
This case is the reason that PROGRESSIVEs have taken over our Country.
The case below is where it all started, enjoy the read. Interstate Commerce. This was July 1940.
Facts of the Case: Filburn was a small farmer in Ohio. He was given a wheat acreage allotment of 11.1 acres under a Department of Agriculture directive which authorized the government to set production quotas for wheat. Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use.Question: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution because Congress has no power to regulate activities local in nature?Conclusion: According to Filburn, the act regulated production and consumption, which are local in character. The rule laid down by Justice Jackson is that even if an activity is local and not regarded as commerce, "it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce, and this irrespective of whether such effect is what might at some earlier time have been defined as 'direct' or 'indirect.'"
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