The Gross National Debt

Monday, February 27, 2012

The War redux


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Say "The War" to a person of my heritage and only one conflict comes to mind. The caps are important.

Is the stage being set for a second one? Montana is certainly pointing in that direction.
Bout $8K or more worth of guns.

Say what? To explain, the Supreme Court in the Citizens United case ruled corporations have the same rights as citizens. A decision, incidentally, the current president lambasted and now embraces, a matter which still drives me into paroxysms of laughter.

This is not the only time Montana has decided to express sovereign rights. The legislature there passed a law stating firearms suppressors (aka Can, Silencer, etc) made in Montana and used in Montana and never leaving the state are not subject to federal oversight.

Really. Buy a can in Montana and you don't need to get federal permission, so say state leaders.

This one has yet to be tested in federal court. But given the Montana Supreme Court decision on corporate citizenship, I don't think Montana will care what the federal courts say.
Forget hell!

However, in Montana, it is not the state which will be held liable. It is an individual. Someone has to buy a can without paying the federal fees. Then the court cases begin.

Given the current leaning of SCOTUS, I hesitate to say how that body would rule.

But. As the federal regulation relies on the Interstate Commerce clause of the Constitution, overturning the can laws would set a precedent for a LOT of other federal regulation.

Slinging another "but" at you, SCOTUS is already headed for an Interstate Commerce clause showdown, over the socialized medicine National Health Care bill.

No matter what is decided on that one, it's gonna set precedents. The decision will be used if a suppressor case from Montana ever gets to the Supremes.

I opined long ago that if the South had not attempted to break away from the federal government, the West would have. It just makes sense, if you look at the political geography.

Montana is certainly rolling down the road toward breaking away unless the federal government loosens its stranglehold on states and citizens.

Me? I like the idea.

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