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RE: State Sovereignty - Giving Phil Bredesen Credit

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RE: State Sovereignty - Giving Phil Bredesen Credit
by Stefanie at 12:35 pm EDT, Jul 28, 2009

Decius wrote:
What are the specific oversteppings of soveriegnty that concern the activists?

The "activists" are often state attorneys general, acting on behalf of the state governments on given issues. Regulation of intrastate commerce is one major issue. An example is the Tennessee Firearms Freedom Act (2009, Montana has a similar law), which also relates to Article I, Section 26 of the TN Constitution (not to mention the Second Amendment of the US Constitution). Another major issue concerns regulation of marriages. In a suit against the federal government, Massachusetts claims that the federal Defense of Marriage Act (1996) violates the Tenth Amendment (see page 22 of the link), regarding same-sex marriages. Other states are considering similar action.

The issue of the legalization of medical marijuana by states has been around for a while, and there are new concerns regarding the possibility of a federal health care plan, and whether states would have the right to exempt their residents from such a plan. There's also the issue of whether the federal government has the right to impose mandates on states that received funds from the recent stimulus package. That type of mandating is nothing new, as the federal government often attaches strings to funding projects, such as the HOV requirements in 23USC166, which can be construed as unconstitutional micromanaging of states' affairs by the federal government.

Some cases have more validity than others, but given the recent climate in Washington D.C., states seem to be preparing themselves for some Constitutional battles.

RE: State Sovereignty - Giving Phil Bredesen Credit


 
 
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