Update – Montana Stands Up to the Feds

MT Gun Flag

On April 21st I did a blog post regarding the Montana Made Firearms Bill called Montana Stands Up to the Feds!  The bill exempts firearms made and retained in Montana from all federal gun regulation.  This is a simple issue of the Tenth Amendment and the federal government unconstitutionally encroaching on state rights.

The next step in the process took place on Thursday when a lawsuit was filed.  You can find the article on the lawsuit entitled, Montana Gun Suit Challenges Federal Authority.  I support this bill; it is a vital issue for our country and will help define the county we live in.  It seems to me, not being an attorney, that this is an open and shut case.  This bill is legal under the Constitution and no laws or decisions by any court can change that.

Most legal scholars believe this law will be promptly struck down.  The line from the article that disturbed me the most was, “the case amounts to a long shot squared. Perhaps, in a slightly different universe where the Tenth Amendment were not virtually ignored by courts, the plaintiffs would stand a good chance of winning.”

The scary thing here is that the courts can just ignore an amendment.  What if the courts decided to ignore the 13th Amendment, abolishing slavery or the 19th Amendment giving women the right to vote?  People would rightfully go crazy, but if they can ignore one then they can ignore them all.

I cannot understand how the tenth amendment can just be disregarded, the article also states that “the Tenth Amendment seems to suggest that the federal government’s powers are limited only to what it has been “delegated,” and the U.S. Supreme Court in 1918 confirmed that the amendment “carefully reserved” some authority “to the states.” That view is echoed by statements made at the time the Constitution was adopted; New Hampshire explicitly said that states kept “all powers not expressly and particularly delegated” to the federal government.”

Why do people allow this to happen?  Not just the citizens, but our Presidents and Senators.  It seems to me the first question that should be asked to a judge by a President and in the confirmation hearings by the Senate is “what does the 10th Amendment mean?”

I believe that if, as predicted, this law is thrown out by the courts we need to stand up and correct the problem.  We need to ACTUALLY hold our elected officials accountable.

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