http://www.time.com/time/nation/article/0,8599,1897601,00.html?imw=Y Go to link for full story.
This happens to be a story based on firearms but make no mistake - It is being billed as a 10th Amendment issue. It will most likely be one of the next major Supreme Court battles second only to the 2A fights. The Federal Government will not want to relinquish any power what so ever.
"It inspired the so-called Sagebrush Rebellion that swept the West three decades ago, preventing the federal takeover of public lands pushed by the Carter Administration and propelling the self-proclaimed Sagebrush Rebel, Ronald Reagan, to the presidency. Now the Amendment is being invoked by pro-gun advocates to press for state, rather than federal, regulation of gun manufacturers."
Multiple States are taking up the charge to be in on the battle when it finally arrives.
"Montana has passed a law allowing local gun manufacturers to sidestep federal regulations as long as the weapons they make are sold within the territory of the state. "It's a gun bill, but it's another way of demonstrating the sovereignty of the state of Montana"
"In Texas (which recently saw Governor Rick Perry joking that the Lone Star State might take up the ultimate state right and secede from the Union), a similar bill is in committee as the legislative session winds down."
"Tennessee and Alaska "Firearms Freedom Acts" are working their way through the process."
"Utah may take up a bill next year."
"(this) is part of the populist state-sovereignty movement, the sense there is so much power in Washington," says Stephen P. Halbrook, a Virginia attorney who has argued several important Second Amendment cases before the Supreme Court, including, most recently, a successful case overturning the Washington, D.C., gun ban."
"The Montana law will go into effect on Oct. 1, and the ensuing legal battle will be long, perhaps three years or more, Halbrook says. Helmke expects the Brady Campaign to join the fight." "...this latest challenge could be heard by a court sitting in Obama's second term or his successor's, meaning it will likely be a court with a different lineup."