The powers that are not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people – Tenth Amendment of the Bill of Rights. Think for a minute…that statement reads that if the Constitution doesn’t give the power to the Federal government, then the States and the people have the power to decide what’s best for them. People may not know everything about the Bill of Rights, but most know it protects them from the Federal Government. Folks don’t realize the States have all the power, but the state of Montana does.
The Constitution is outdated. Times have changed and so should the Constitution. We are in an age of rapid communication and mass transit. The States had more rights back then because they needed to handle things on a local level. It could have taken weeks for information to make its way across America, so naturally the States needed to handle things on their own. This is not the case today. Tenth Amendment or not…Montana should follow the Supreme Court’s decisions, just like all the other States do.
FLIP SIDE is not the opinion of the author.
The Montana Corrupt Practices Act of 1912 is what Montana is declaring their Tenth Amendment States’ rights on. Not to get into too much detail, but the Supreme court ruling on the “Citizens United“, which gives First Amendment rights of free speech to corporations, (it can be confusing…click the link), basically told Montana that the Federal Government doesn’t care what laws the State has in place and why. The Montana Corrupt Practices Act is to eliminate corporate corruption in the political process by limiting donations from corporations. Yes, I know…you are saying, “WHAT”? I just hope you are saying it for the right reason. If you don’t know that there is corruption in campaign donations from big business, just wait a few days for the 4th quarter list of donations to the individual campaigns, Political Action Committee’s (PAC’s) and Super PAC’s. You will see all of the corporate donations, especially to the Super PAC’s. In my opinion, this is the best way to see which candidate is going to owe favors to which corporations when they get elected President, and who is not. To say it clearly…who is going to abide by the Constitution and do what is best for America? Or, who is going to return favors to big business and say screw the Constitution and the American people? Montana State Supreme Court Justice James C. Nelson wrote in his dissent, “And, to be absolutely clear, I do not agree with it. For starters, the notion that corporations are disadvantaged in the political realm is unbelievable. Indeed, it has astounded most Americans. The truth is that corporations wield enormous power in Congress and in state legislatures. It is hard to tell where government ends and corporate America begins: the transition is seamless and overlapping.” So, I think Montana has been on to something for the past 100 years, wouldn’t you agree?
I give Montana a lot of credit for standing up for Lady Liberty. Maybe, because of their strong stance, other States will stand up to the Federal government and do what they think is best for their State and their citizens. America would be better off as a whole if we had 50 “Localized” State Governments deciding what is best for the American Citizens rather than a blanket approach to cover everyone with one broad law. I mean, after all, this is what the Founding Fathers had intended for us…the ability to “vote with our feet”. If we don’t like the laws that one State has, then we can simply go to a State where we do agree with the laws.