Categories
Second Amendment rights Tenth Amendment federalism

Nullifying Future Fed Gun Regs

The legislative history of Idaho’s Senate Bill 1332 can be briskly told; its enactment was swift indeed. The Federal Firearm, Magazine and Register Ban Enforcement Act was

  • introduced on the tenth of February;
  • unanimously approved by the full Senate nine days later;
  • leapt out of House committee, on March 10, with a Do Pass recommendation;
  • read in full in the House two days later, and
  • passed unanimously; whereupon it
  • went to the governor, who signed it into law March 19.

Because of an emergency clause, SB-​1332 went into full effect on that date.Idaho, with bullet holes?

The new law instructs Idaho’s public servants not to co-​operate with the federal government on any future gun and ammo registration, prohibition or regulation passed by the U.S. Congress. It also provides a civil penalty of a maximum $1000 fine for each instance of co-operation.

It’s part of the low-​key rebellion that many state legislatures and governors are waging  against the federal government. Claiming something like a right to nullify unconstitutional laws — a right enumerated, after all, as the Tenth Amendment to the Constitution — at issue is the usurpation of state prerogatives by the feds.

We’ve seen a number of states resist the federal government’s attempt to “organize” a grand (and catastrophic) public-​private alliance known as Obamacare.

The current Idaho effort doesn’t strike me as pure nullification, however. It relies on a proven principle of federalism: the states may not be commandeered to enforce federal law. Specifically, any future federal law attacking our essential Second Amendment rights.

This is Common Sense. I’m Paul Jacob.

Categories
education and schooling

Legislation for Graduation

The most obvious problem with government-​run schools is that, well, politicians are in charge.

Two Arizona solons have written bills to require high schoolers to pledge their loyalty and allegiance to the Constitution in order to graduate. You’ve probably heard about at least one of these bills, since it affixes a “so help me God” phrase at the end, and that would pose a problem for atheists … and for those pious folks who don’t believe in swearing by the God they believe in.

While most of the media coverage has focused on that tacked-​on “so help me God” aspect, both measures seem “tacked on” to me: Tacked on to the end of a high school career. Pretend you are a student. You’ve worked hard, or at least hard enough to graduate. Much of your future employment depends on your diploma. And now some politician is going to require that you recite a loyalty oath to the federal (not state) government?

Sounds like something more appropriate to a Communist dictatorship.

Stranger yet is the bill, proposed but not moved forward, further north:

Coeur d’Alene Sen. John Goedde, chairman of the Idaho Senate’s Education Committee, introduced legislation Tuesday to require every Idaho high school student to read Ayn Rand’s Atlas Shrugged and pass a test on it to graduate from high school.

Before one hyperventilates, it’s worth noting that the good Sen. Goedde did this to “send a message,” so to speak, to the State Board of Education because of his unhappiness with their recent moves lowering graduation requirements and canceling evaluations of principals.

Well, I guess there’s method to his madness. And besides, there are worse books.

This is Common Sense. I’m Paul Jacob.

Categories
national politics & policies Tenth Amendment federalism too much government

Idaho’s Healthy “No”

By hook and by crook — ignoring the constitution and twisting parliamentary rules — the president and his congressional allies are succeeding in imposing command-​and-​control health care on all Americans.

If the new law is allowed to stand, the scraps of freedom we still enjoy in matters of health care will dwindle as provisions of the bill kick in. And that’s only the prequel. Pelosi and other Democrats promise to introduce even more constrictive legislation once Obamacare Round One has been rammed through.

Friends of freedom aren’t giving up. There’s an election in 2010, for one thing. But many state governments aren’t waiting for that. The Idaho legislature just passed the Idaho Health Care Freedom Act, which states, in part, that “every person within the state of Idaho is and shall be free to choose or decline to choose any mode of securing health care services without penalty or threat of penalty.” Governor Otter is signing the Act because, in his view, health care laws should treat people as individuals “rather than as an amorphous mass whose only purpose in this world is to obey federal mandates.”

Idaho is the first state to pass such a measure, but similar legislation has been proposed in 22 others. Such declarations will most likely have only symbolic significance if Obamacare remains in effect and other legal challenges on the grounds of federalism get beaten down. But those are two big ifs. Americans aren’t ready to surrender to the health care commissars just yet.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall

Righteous Recalls

According to Ballotpedia​.org, a wiki-​based website created by the Citizens in Charge Foundation to track ballot initiatives, referendums and recalls, this year voters have already launched more than twice as many efforts to recall public officials than occurred all of last year.

In Flint, Michigan, voters were set to recall the mayor for corruption, mismanagement and more. Ten days before the vote, the mayor resigned. 

In Tuolumne County, California, voters removed an entire school board that failed to account for $16 million in bond revenue.

After failed attempts to remove mayors in Toledo and Akron, Ohio, the Akron city council is now trying to dramatically increase the petition signatures needed to start a recall.

In Kimberly, Idaho, a campaign to recall the mayor and two city councilors for jacking up utility rates fell short of the needed voter signatures. But now the police are investigating whether town officials illegally obstructed the effort.

In Cincinnati, no process yet exists for recalling officials, so the local NAACP is poised to launch a petition drive to establish one. County Republican leaders are “studying” the issue. The county’s Democratic Party chairman opposes recall, saying, “I’d hate to see a situation where the mayor could be recalled any time he made a controversial decision.”

That’s a straw man. Recalls have been used very rarely. Besides, none of our political problems stem from voters demanding too much of politicians.

This is Common Sense. I’m Paul Jacob.