The Tenth Amendment: A Rallying Point for Patriots

Throughout the rest of 2009, more and more states ran to the shelter of the Tenth Amendment and passed resolutions declaring the right to exempt themselves from intrusive (and expensive) federal legislation. And while many of the same naysayers who dismissed the tea parties have dismissed some of these resolutions because they weren’t binding, the sheer number of resolutions -- binding or not -- is hard to ignore.

Moreover, as Obama continues to push his leftist agenda on the nation, some states that initially proposed non-binding resolutions are now revisiting those in order to make them binding. These resolutions commonly carry the language of “state sovereignty” and clearly assert the prerogatives of the state over those of the federal government.

Some states, like Montana, have combined an appeal to the Tenth Amendment with a strict view of the Fourteenth to inform the federal government that firearms manufactured within a state, which are sold and remain within that state, cannot in any way be regulated by the federal government. The preface to Montana’s resolution reads:

An Act Exempting From Federal Regulation Under The Commerce Clause Of The Constitution Of The United States A Firearm, A Firearm Accessory, Or Ammunition Manufactured And Retained In Montana.

While other states, like Tennessee, Utah, and South Dakota, have joined Montana in this endeavor, the state of Wyoming has taken the next step and explicitly outlawed the enforcement of certain federal gun control laws within their borders.

These are incredible resolutions by men and women who are free and who intend to remain that way.

The recent passage of health care reform has pushed Florida, Virginia, Idaho, Minnesota, and others to either refine their resolutions or pass new ones aimed directly at letting states opt out of the health care legislation. For example, days before the new health care legislation survived a vote in the House of Representatives, Idaho Governor C. L. Otter signed the Idaho Health Freedom Act: "Citizens of [that] state won't be subject to another federal mandate or turn over another part of their life to government control."

And so the cause of freedom marches on. Through appeals to the Tenth Amendment the federal government is being reminded that the powers not explicitly delegated to it “by the Constitution, nor prohibited by [the Constitution] to the States, are reserved to the States respectively, or to the people.”