Riding The Wave
"The Congress shall have power... To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"Do you see there where they are given the ability to regulate what kind of firearms you may own? How about the authority to dictate that a non-functioning, low-flow toilet must be installed in your bathroom? Do you spy the words granting the authority to nationalize health care or take over companies? Personally, I don't!
Going back in history you'll find that the SCOTUS repeatedly struck down all of Roosevelt's "new deal" legislation until two Key justices, Justice Owen Josephus Roberts and Chief Justice Charles Evans Hughes switched sides to avert a Roosevelt threat to stack the court with dupes. So, even back then libs ruled by threat and intimidation. From that point on the court took the stance that limits on Congress' regulation of commerce should be decided by the ballot box and not the court. Basically, they abdicated their responsibility to act as a check and balance against the other two branches of government. Our forefathers knew that the fervor of the moment can often overpower the prudence of time. For that reason they designed a system that made change a hard thing to enact. Roosevelt's threat short circuited that design and cursed us with the end result that we see today. It was this "stitch in time that saved nine" that was the turning point. Today, Congress dictates one intrusive law after another unabated. They spend our money with reckless abandon and have forgotten that they serve us and not the other way around.
If Montana's law should stand up to the scrutiny of the SCOTUS that means that all those years of Congressional over-reaching will be built on quite sandy soil.
Like I said the one thing of lasting legacy left by the George W. Bush administration is his appointments to the SCOTUS. Let's hope that they do not lack a spine on this one folks!
It seems that two other states, Utah and Texas thought that Montana had a damned good idea and are duplicating Montana's spiffy new law.
Here is Glenn Beck's presentation of this material. Sure, he can be a little sensationalistic, but I still like him: