The bill was authored by State Representatives Morgan and Martin, and currently has 15 other co-sponsors.  (h/t BuckeyeFirearms.org and OhioFreedom.com)

While the HB315’s title focuses on federal gun regulations, it has far more to do with the 10th Amendment’s limit on the power of the federal government.  It specifically states:

The regulation of intrastate commerce is vested in the states under the Ninth and Tenth Amendments to the United States Constitution, particularly if not expressly preempted by federal law. The congress of the United States has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearm accessories, and ammunition.

Some supporters of the legislation say that a successful application of such a state-law would set a strong precedent and open the door for states to take their own positions on a wide range of activities that they see as not being authorized to the Federal Government by the Constitution.

Firearms Freedom Acts have already passed in both Montana and Tennessee, and have been introduced in a number of other states around the country. There’s been no lack of controversy surrounding them, either.  The Tenth Amendment Center recently reported on the ATF’s position that such laws don’t matter:

The Federal Government, by way of the Bureau of Alcohol, Tobacco and Firearms expressed its own view of the Tenth Amendment this week when it issued an open letter to ‘all Tennessee Federal Firearms Licensees’ in which it denounced the opinion of Beavers and the Tennessee legislature.  ATF assistant director Carson W. Carroll wrote that ‘Federal law supersedes the Act’, and thus the ATF considers it meaningless.

Constitutional historian Kevin R.C. Gutzman sees this as something far removed from the founders’ vision of constitutional government:

“Their view is that the states exist for the administrative convenience of the Federal Government, and so of course any conflict between state and federal policy must be resolved in favor of the latter.”

“This is another way of saying that the Tenth Amendment is not binding on the Federal Government. Of course, that amounts to saying that federal officials have decided to ignore the Constitution when it doesn’t suit them.”

Advocates of these efforts say it doesn’t matter if the federal government disagrees, or even threatens states over funding, as they did recently with Oklahoma.  Gary Marbut, author of the Montana Firearms Freedom Act, and founder of http://www.firearmsfreedomact.com/ took this position in a recent interview with the Tenth Amendment Center:

“We’re not depending on permission from federal judges to be able to effectuate our state-made guns bills.  And, we’re working on other strategies to wrest essential and effective power from the federal government and put it where it belongs.“

The principle behind such legislation is nullification, which has a long history in the American tradition. When a state ‘nullifies’ a federal law, it is proclaiming that the law in question is void and inoperative, or ‘non-effective,’ within the boundaries of that state; or, in other words, not a law as far as the state is concerned.

All across the country, activists and state-legislators are pressing for similar legislation, to nullify specific federal laws within their states.

A proposed Constitutional Amendment to effectively ban national health care will go to a vote in Arizona in 2010.  Fourteen states now have some form of medical marijuana laws – in direct contravention to federal laws which state that the plant is illegal in all circumstances.  And, massive state nullification of the 2005 Real ID Act has rendered the law nearly void.

While many advocates concede that a federal court battle has a slim chance of success, they point to the successful nullification of the Real ID Act as a blueprint to resist various federal laws that they see as outside the scope of the Constitution.

Some say that each successful state-level resistance to federal programs will only embolden others to try the same – resulting in an eventual shift of power from the federal government to the States and the People themselves.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Over the past several years, our leaders in Washington — from both political parties — have watched over a major expansion of the size and scope of the federal government.

This has been fueled by excessive regulations, unfunded mandates, multi-billion dollar bailouts and the federalization of banks and other industries.

This growth not only threatens the financial stability of states and local governments and the well-being of future generations of Americans, but violates the very ideals that our country was founded upon.

When our Founding Fathers traveled to Philadelphia in 1787 to draft the Constitution, they came from states as far south as Georgia and as far north as New Hampshire, all with different economies, landscapes and traditions.

Therefore, they fought to preserve their states’ individuality and ensure that the laws of the nation protected the right of each state to govern themselves and make local decisions.

The 10th Amendment reads: “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.”

In other words, the federal government only has certain powers which are spelled out in the Constitution.

Unfortunately, many recent actions by the federal government directly contradict this principle.

For instance, President Obama and many Democrats in Congress continue to champion a cap and trade energy policy that could have a devastating effect on Ohio’s economy, while dramatically raising electricity prices for consumers in our region.

The U.S. Environmental Protection Agency is also pushing excessive regulations on states that would not only increase operating costs for existing Ohio business, but could impact our ability to attract new development and create jobs.

In addition, the President is leading an effort to create a public health care option and give the federal government more control over our nation’s health care system.

Concerned about the increasing influence of the federal government and its impact on the future of our state and Ohio taxpayers, my colleagues and I in the Ohio Senate recently approved Senate Concurrent Resolution 13, which urges Congress to respect the 10th Amendment and adhere only to the limited rights and responsibilities delegated by the states to the federal government.

I co-sponsored the resolution.

Similar resolutions have been introduced in other states, including New Hampshire, Arizona, Michigan and Missouri.

However, it is important to note that SCR 13 does not threaten secession; it only seeks to affirm Ohio’s sovereignty at a time when the federal government is rapidly expanding.

Former President and author of the Declaration of Independence, Thomas Jefferson, once said: “The states should be left to do whatever they can do as well as the federal government.”

While all levels of government can serve a valuable purpose in our society, there must be a strong balance between local, state and federal power.

What is good policy for California or New York may not be good for Ohio or West Virginia. For that reason, our leaders in Washington need to honor the 10th Amendment and respect the right of the states to make their own decisions.

Originally published at The Ironton Tribune

John A. Carey is a member of the Ohio Senate and represents the 17th District. He can be reached at Ohio Senate, Statehouse, Columbus, Ohio 43215 or by phone at (614) 466-8156.

By a vote of 19-12 today, the Ohio State Senate passed Senate Concurrent Resolution 13 (SCR13).  (h/t OhioFreeState.com)

The resolution seeks to “claim sovereignty over certain powers pursuant to the Tenth Amendment to the Constitution of the United States of America, to notify Congress to limit and end certain mandates, and to insist that federal legislation contravening the Tenth Amendment be prohibited or repealed.”

If passed by the House of Representatives, Ohio will become the 8th state to have passed such a resolution in 2009.  Other states that have reaffirmed their sovereignty are Alaska, Idaho, North Dakota, South Dakota, Oklahoma, Louisiana, and Tennessee.

While sovereignty resolutions do not carry the force of law behind them, supporters say that they are a long-overdue first step in moving the country towards constitutional government.

Charles Key, state representative from Oklahoma and author of that state’s sovereignty resolution, compared these resolutions to a cease and desist notice a landlord gives a non-paying tenant.

“If you’ve got a tenant that’s not paying rent, you don’t just show up one day with an empty truck,” said Key in a recent interview with the Tenth Amendment Center.  “First, you serve notice.  That’s how we see these resolutions, as a notice to the federal government.  And there defintely will be follow up.”

The follow up that Rep. Key is referring to has been popping up all over the country.  Legislation that calls upon the Jeffersonian principle of “nullification” has already been advancing a number of causes, and some success has been gained, too.

A state-level rebellion to the Bush-era Real ID act has rendered the law virtually null and void.  Thirteen states have passed various marijuana laws in direct contravention to federal laws.  Two states have passed laws nullifying some federal gun regulations.

Groups in multiple states are pushing their governments to withdraw their state’s guard troops from Iraq and elsewhere. And people in up to 10 states may have the opportunity to vote on state constitutional amendments effectively banning national health care.

The long-term success of all these efforts remain to be seen, especially with a Federal Judiciary which has not often been too friendly to the Constitutional intent of the Founders and Ratifiers.

But, many supporters point to the growing success on issues like Real ID and Medical Marijuana as examples which prove that with enough state-level resistance, the federal government has no option but to back off, with or without judicial approval.

Read the full text of SCR-13 below:

WHEREAS, The Tenth Amendment to the Constitution of the United States reads: “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 to the federal government by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 often treated as agents of the federal government; and

WHEREAS, Many federal laws directly contravene the Tenth Amendment to the Constitution of the United States; and

WHEREAS, We believe in the importance of all levels of government working together to serve the citizens of our country, by respecting the constitutional provisions that properly delineate the authority of federal, state, and local governments; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States 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 ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states by compelling them to enact and enforce regulatory programs; and

WHEREAS, the United States Supreme Court, in Printz v. United States/Mack v. United States, 521 U.S. 898 (1997), reaffirmed that the Constitution of the United States established a system of “dual sovereignty” that retains “a residuary and inviolable sovereignty” by the states. The majority of the United States Supreme Court noted in that case (521 U.S. 898, 921-922):

“As [President] Madison expressed it: ‘[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.’ The Federalist No. 39, at 245.

This separation of the two spheres is one of the Constitution’s structural protections of liberty. ‘Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.’ . . . To quote [President] Madison once again:

‘In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.’ The Federalist No. 51, at 323″; and

WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Tenth Amendment restriction on the scope of federal power; now therefore be it

RESOLVED, That the State of Ohio hereby acknowledges and reaffirms its residuary and inviolable 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 resolution serves as notice to the federal government as agent of the states, to end federal mandates that are beyond the scope of the constitutionally delegated powers; and be it further

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

RESOLVED, That the Clerk of the Senate transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each state’s legislature, and each member of the Ohio Congressional delegation.

Copyright © 2009 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Listen to and read Napolitano’s full speech here

Listen to and read Napolitano’s full speech here

The resolution is sponsored by Senators Keith Faber (R-Celina) and Timothy Grendell (R-Chesterland), and cosponsored by Senators Gibbs, Buehrer, Cates, Hughes, Schuler, and Schuring.

Read the full text of SCR13 below:

WHEREAS, The Tenth Amendment to the Constitution of the United States reads: “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 to the federal government by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 often treated as agents of the federal government; and

WHEREAS, Many federal laws directly contravene the Tenth Amendment to the Constitution of the United States; and

WHEREAS, We believe in the importance of all levels of government working together to serve the citizens of our country, by respecting the constitutional provisions that properly delineate the authority of federal, state, and local governments; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States 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 ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states by compelling them to enact and enforce regulatory programs; and

WHEREAS, the United States Supreme Court, in Printz v. United States/Mack v. United States, 521 U.S. 898 (1997), reaffirmed that the Constitution of the United States established a system of “dual sovereignty” that retains “a residuary and inviolable sovereignty” by the states. The majority of the United States Supreme Court noted in that case (521 U.S. 898, 921-922):

“As [President] Madison expressed it: ‘[T]he local or municipal authorities form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.’ The Federalist No. 39, at 245.

This separation of the two spheres is one of the Constitution’s structural protections of liberty. ‘Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.’ . . . To quote [President] Madison once again:

‘In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.’ The Federalist No. 51, at 323″; and

WHEREAS, A number of proposals by previous administrations, some now pending proposals by the present administration, and some proposals by Congress may further violate the Tenth Amendment restriction on the scope of federal power; now therefore be it

RESOLVED, That the State of Ohio hereby acknowledges and reaffirms its residuary and inviolable 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 resolution serves as notice to the federal government as agent of the states, to end federal mandates that are beyond the scope of the constitutionally delegated powers; and be it further

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

RESOLVED, That the Clerk of the Senate transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each state’s legislature, and each member of the Ohio Congressional delegation.

Here’s the full text:

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):

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 to the federal government by the Constitution of the United States and no more; and

WHEREAS, The scope of power defined by the Tenth Amendment signifies 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 directly violate the Tenth Amendment to the Constitution of the United States; and

WHEREAS, The Tenth Amendment assures that we, the people of the United States and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and

WHEREAS, Article IV, Section 4 of the Constitution of the United States, states in part, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment to the Constitution of the United States 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 ruled in New York v. United States, 505 U.S. 144 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

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

RESOLVED, That the State of Ohio hereby claims 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 resolution serves as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of the constitutionally delegated powers; and be it further

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

RESOLVED, That the Clerk of the House of Representatives transmit authenticated copies of this resolution to the President of the United States, the President Pro Tempore of the United States Senate, the Speaker of the United States House of Representatives, the Speaker of the House of Representatives and the President of the Senate of each other state’s legislature, and each member the Ohio Congressional delegation.

(h/t Harold Thomas)