What I wouldn't give to see a full scale 10th amendment showdown.
This has been brewing for some time as the federal government takes the commerce clause and expands and expands it. Nowadays I don’t think many people even consider whether the federal government should be doing it. They just assume, if someone should be doing it, then the feds should be the ones doing it.
From the Made in Montana type gun laws to
Texas’s resolutions of sovereignty to Governor Perry’s declaration of a states' rights showdown with White House over healthcare we may see such a thing in the next few years.
I mean how can you argue with this?
RESOLVED, That this serve as notice and demand to the federal
government, as our agent, to cease and desist, effective
immediately, mandates that are beyond the scope of these
constitutionally delegated powers; and, be it further
RESOLVED, That all compulsory federal legislation not
necessary to ensure rights guaranteed the people under the
Constitution of the United States that directs states to comply
under threat of civil or criminal penalties or sanctions or that
requires states to pass legislation or lose federal funding be
prohibited or repealed