The following is Tenth Amendment Center approved legislation to nullify federal overreach into virtually everything through a distortion of the “Interstate Commerce Clause” (Art I Sec 8 Cl 3). Activists, we encourage you to send this to your state senators and representatives – and ask them to introduce this legislation in your state.

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SUMMARY

Provides that all goods grown, manufactured or made in (STATE) and all services performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.

Be it enacted by the General Assembly of (STATE):

SECTION 1.

This Act shall be known and may be cited as the “Intrastate Commerce Act.”

SECTION 2.

(TITLE) of the Official Code of (STATE), relating to commerce and trade, is amended by adding a new chapter to read as follows:

(CHAPTER)

The General Assembly declares:

(A) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the Federal Government may exercise are those that have been delegated to it in the Constitution of the United States;

(B) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of (STATE) those rights;

(C) Under Article I, Section 8, Clause 3 of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states;

(D) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States;

(E) During the Constitutional Convention, the Founders considered a plan which would have authorized the federal government to not only regulate commerce among the several states, but also any activity having spillover effects across state lines. They rejected it;

(F) All goods grown, manufactured or made in (STATE) and all services, performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states;

(G) The provisions of this chapter shall apply to goods and services that are produced and retained in (STATE) after (DATE);

(H) Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both;

(I) Any public officer or employee of the State of ____________ that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;

SECTION 3.

This act takes effect upon approval by the Governor.

49 thoughts on “Intrastate Commerce Act

  1. Sam Barr

    I hate it when they try and pull that bullshit and say it “affects” interstate commerce

  2. Mark Andrew Elliott

    This is about 100 years overdue.

  3. Paul Gleason

    I’m waiting to see if they’ll try it in Alaska, since we don’t have interstate highways … or border any US states.

  4. ZJ Free

    Another thing, the Legal world uses ‘TERMS’ not ‘Words’, so that they can define them to mean what works best for them, while making it appear as though they have authority over you. They Don’t! When you know this, you again have true freedom…!!

  5. Jan Paulson

    Well, Z, at least you can define freedom but I don’t think it’ll make ya free

  6. Ann Yarbrough

    Intrastate commerce deals with distribution of goods and services across state lines. Doesn’t this fact make your model legislation irrelevant?

  7. Muriel Katz

    Intrastate = within a state’s boundaries. Interstate = beyond that state’s boundaries. I definitely agree with your model!

  8. Richard Zuckerman

    Has the 9th Circuit ruled on that case on the interstate commerce clause involving Montana’s gun rights advocates?

  9. Tahney Marie

    So essentially, they need to leave California alone. Right?

  10. Tenth Amendment Center

    EXACTLY, Tahney Marie!

  11. Merryl Redding

    Back in the 40′ & 50’s. states relinquished alot of power & responsibility to the federal government. It seemed practicle & was easier, but now we’re paying the price. Wresting power back will not be easy & courts are more concerned with precident that Constitution. We need strong state leaders & nullify the federal intrusion, as is our right!

  12. Robert Eckerson

    This is the legacy of FDR’s appointees to the Supreme Court. They started this insanity. Well, actually, it started before that.

  13. Harold Thomas Leonard III

    Didn’t you know that it was necessary and proper to the general welfare for a nameless beaurocrat to decide the color of socks that farmers wear because there is a rational basis that there might be some nexus between that and some factor impacting interstate commerce.

  14. Michael Gerardi

    Wickard v. Filburn MUST be overturned. The WORST case in the history of the Commerce Clause. Take that out, and the entire federal regulatory nightmare disappears.

  15. Tom Rankin

    It is the duty of each County Sheriff to enforce state law and no need to go to any court.

  16. Dale Johnson

    Uh, oh— Sorry, Gibson — you must sell your guitars only in state of manufacture! SURE–YEAH–RIGHT! (How our govt encourages us NOT to buy American goods and services.) What a tangled web we weave!

  17. Christine Pleiman

    AMEN!

  18. Republic for the Maryland Free and Independent Sta

    That was the Framers’ intent, but the Commerce Clause has been used by the Federal government to invite themselves into much more than private tomato gardens, gun racks, and medicine cabinets. The Constitution has been perverted because we trusted some of these same politicians to watch our backs. One thing we need to do is to reestablish its value and purpose under the consent of the governed.

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