Saturday, February 7, 2009

Montana equals Freedom?

Bill HB 246, (follow it here) recently introduced by freedom fighter Joel Boniek in the Montana House, would exempt firearms, accessories and ammunition manufactured in Montana from regulations under the Commerce Clause of the Constitution of the United States.

The bill and the justification for its exemption from the notorious Commerce Clause follows:

NEW SECTION. Section 2. Legislative declarations of authority. The legislature declares that theauthority for [sections 1 through 7] is the following:

(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889.The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.


The United States Congress is bought and sold, as is the Presidency, while the appointed Judiciary is selected for its willingness to enable these two enemies of limited government. Therefore, the only legislative possibility for the reestablishment of the limited powers of government that the Constitution sought to establish and upon which human freedom stands its only faint chance in this Empire, is the States themselves. The best hope among these is the smaller States where money can have less impact on elections.

If there yet exists a legislative means to reassert individual rights against tyranny than it resides here, in these small States' legislatures. If it can not be reestablished by individual acts of defiance in these bodies than no other peaceful means will emerge.

Let us pray for for the success of Bill HB246.


2 comments:

  1. This comment has been removed by the author.

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  2. Agreed; this perfectly silhouette's what we spoke about this week at the Lizzard.. YIKES!

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