Going Toe to Toe with Uncle Sam

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2010 marked a huge political swing in the Tar Heel State with Republicans gaining control of both houses for the first time since the 1870’s. The Governors mansion is currently controlled by Gov. Beverly Perdue (D)  but is up for grabs in 2012 in a race that is already heating up.

One of the many freshman Republican members of the House is Glen Bradley. Glen is a former Marine, tireless defender of freedom, and someone who gets things done. In his short time of being in Raleigh he has introduced four 10th amendment related bills and is co-sponsoring others as well. One of Mr. Bradley’s latest bills is H240 NC Intrastate Commerce Act. The Act states in part:

All goods grown, manufactured, or made in North Carolina and all services performed in North Carolina, when such goods or services are sold, maintained, or retained in North Carolina, shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce among the several states.”

The bill is brief and to the point. It is very much unlike many of the long and superfluous bills we see coming out of Washington these days. Within the bill under the headline “Declarations” Glen takes head on the commonly held beliefs that congress has the power to regulate any and all commerce within North Carolina’s borders. Using the Federal Constitution as the guide for the bill we see that:

“(1) The Tenth Amendment to the Constitution of the United States codifies in law that the only powers which the federal government may exercise are those that have been delegated to it in the Constitution of the United States.” (This is one that we are all fond of)

“(2) The Ninth Amendment to the Constitution of the United States guarantees to the people rights not enumerated in the Constitution and reserves to the people of North Carolina those rights.”

“(3) Under Clause 3 of Section 8 of Article I of the Constitution of the United States, the federal government is empowered to regulate commerce among the several states.”

“(4) The power to regulate intrastate commerce is reserved to the states or the people under the Ninth and Tenth Amendments to the Constitution of the United States.”

“(5) During the Constitutional Convention, the Founders considered a plan which would have authorized the federal government to regulate not only commerce among the several states, but also any activity having spillover effects across state lines. They rejected it.”

Points one-four may be more widely known than the latter.  Originally the constitutional authority to regulate interstate commerce was meant to make commerce regular between the several States and other Nations. In fact, James Madison himself argued that the “Interstate Commerce Clause” meant to “keep regular” commerce between the States. The founders saw and realized the importance of being able to move and ship goods within the borders of the United States with relative ease and without States imposing high tariffs that would favor only in-state business. The U.S. Supreme Court in Wickard v. Filburn opened Pandora’s box in the “regulation” of even the most minute details of our day to day lives.

Regardless of the years of wrongful regulation there still has yet to be found a clause that allows the regulation of Intrastate commerce. That is the crux of the H240, “All goods grown, manufactured, and made in North Carolina” and that are retained here are “not subject to the authority of congress”. Regardless of the opinion of Black robed tyrants appointed during a stacked court era under FDR it is time the State asserted itself in the area of intrastate commerce. That is just what Glen Bradley and H240 will do. Not only does the bill clearly lay out the legitimacy of how the regulation of intrastate commerce is unconstitutional it also attaches a penalty for Federal and State employees that try to:

“(a) Any official, agent, or employee of the United States government or any employee of a corporation providing services to the United States government that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this Article shall be guilty of a Class H felony.

(b) Any officer or employee of the State of North Carolina or any county or city that enforces or attempts to enforce an act, order, law, statute, rule, or regulation of the government of the United States in violation of this Article is guilty of a Class 2 misdemeanor.”

Contact your local house member and have them support this vital measure to reclaim North Carolina’s sovereignty.

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CLICK HERE – for the Tenth Amendment Center’s Intrastate Commerce Act Legislative Tracking page

CLICK HERE – for the Tenth Amendment Center’s model legislation, the Intrastate Commerce Act. We encourage you to send it to your state reps and senators and urge them to introduce and support this bill.

William Gillis is on the outreach team for the North Carolina Tenth Amendment Center</a..

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