Tim Cavanaugh was earlier riffing off the 9th amendment's multiple ideological uses; here's a report from the 10th Amendment Center on some recent action on the notion that the states and the people have some powers reserved to them from the Feds.
In states around the country, there's a growing movement to address and resist two of the most abused parts of the Constitution – the Commerce Clause and the 2nd Amendment. Already being considered in a number of state legislatures, and passed as law in Montana and Tennessee this year, the Firearms Freedom Act (FFA) is a state law that seeks to do just that.
The latest to join the FFA movement? Kentucky. Pre-filed for the 2010 legislative session, HB87 seeks to "Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law"….
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.
This sort of nullification of federal law by the states has some awkward history in America, and indeed a court fight is already on over the Firearms Freedom Act in Montana:
In October, the Montana Shooting Sports Association (MSSA) and the Second Amendment Foundation (SAF) filed a lawsuit in federal court in Missoula, MT to validate the principles and terms of the Montana Firearms Freedom Act (MFFA).
"We feel very strongly that the federal government has gone way too far in attempting to regulate a lot of activity that occurs only in-state," explained MSSA President Gary Marbut. "The Montana Legislature and governor agreed with us by enacting the MFFA. It's time for Montana and her sister states to take a stand against the bullying federal government, which the Legislature and Governor have done and we are doing with this lawsuit. We welcome the support of many other states that are stepping up to the plate with their own firearms freedom acts."
Radley Balko back in September on liberal horror of modern invocations of the 10th.