State defends its own rights

The state of Montana is playing David to the U.S. government’s Goliath in a legal battle that could determine the extent of state sovereignty for years to come.

Montana was the first of several states to pass laws that challenge the federal government’s ability to regulate guns that are made and sold entirely within one state.

Federal gun-control laws are based on a very loose interpretation of the Commerce Clause of the U.S. Constitution, which gives Congress the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes.”

For the past hundred years or so, courts have more and more expanded the commerce power to allow Congress to regulate virtually anything, but it is entirely right for the states to demand that the plain language of the Constitution be followed.

Article 1, Section 8 plainly enumerates that Congress has the power to regulate commerce AMONG the states. That means Congress does not have the power to regulate commerce that occurs entirely WITHIN a state. To argue otherwise is to argue that the Constitution itself has no meaning, but may be twisted to suit whatever purpose the federal government wishes to apply at the moment.

Even opponents of gun control acknowledge that the federal government has the power to prosecute those who engage in actual interstate commerce without a federal license, but that power doesn’t begin until a state border is crossed. Just because a gun MIGHT cross a border is not sufficient reason for the federal government to step in.

If that were not so, the federal government’s power would be unlimited. Consider the famous Mann Act, which prohibits the interstate transport of females “for immoral purposes” or — as it is worded now — “any sexual activity for which any person can be charged with a criminal offense.” This law was made possible ONLY because it involved crossing a state line. The federal government has never claimed to have the power to regulate prostitution or other sex crimes that occur within a state’s borders.

By the same token, there should be no excuse for the federal government to overstep its bounds here. We have a Constitution for a reason — to ensure that the government does not infringe upon our rights. Let’s hope that common sense prevails in the courts, and the rights of Montanans are protected against federal encroachment.