Circling the wagons to fight the moonbats

I thought "states' rights" was a non-issue in the 21st century - a relic of some Southern states' efforts to block federal civil rights laws.

Not so.

At least seven state legislatures are considering measures to invoke 10th Amendment state sovereignty to block implementation of anticipated federal laws on guns, abortion and other issues.

It's my fervent hope that Arkansas and Indiana follow suit.

In Missouri, House Resolution 212 declared Missouri's sovereignty under the 10th Amendment and urges Congress to reject the passage of the federal Freedom of Choice Act, which prohibits regulations on abortion.

Montana House Bill 246 exempts from federal regulation under the commerce clause of the Constitution a firearm, firearm accessory, or ammunition manufactured and retained in Montana.

In Michigan, it's a concurrent resolution to affirm Michigan’s sovereignty under the 10th Amendment and to urge the federal government to halt its practice of imposing mandates upon the states for purposes not enumerated by the Constitution of the United States.

Arizona's legislature is considering a similar measure. Ditto New Hampshire, Oklahoma and Washington.

The various state initiatives are based on a U.S. Supreme Court ruling in New York vs. United States:

Facts of the Case

The Low-Level Radioactive Waste Management Act Amendments of 1985 required states alone or in compacts with other states to dispose of such radioactive waste within their borders. New York State and Allegany and Courtland counties were frustrated in their compliance efforts by resistance from residents to proposed radioactive waste sites and a lack of cooperation from neighboring states. New York filed suit against the federal government, questioning the authority of Congress to regulate state waste management.

Question

Does the Low-Level Waste Act violate the Tenth Amendment and the "guarantee clause" of Article Four?

Conclusion

In a 6-3 decision, the Court upheld two of the three provisions of the Act under review, reasoning that Congress had the authority under the Commerce Clause to use financial rewards and access to disposal sites as incentives for state waste management. The third provision, the "take-title" qualification, stipulated that states must take legal ownership and liability for low-level waste or by the regulatory act. "Either type of federal action," wrote Justice Sandra Day O'Connor, "would 'commandeer' state governments into the service of federal regulatory purposes, and would for this reason be inconsistent with the Constitution's division of authority between federal and state governments." This last provision violated the Tenth Amendment.