Intrastate Commerce Act: In The Alternative To Sedition

Under the provision of the 9th and 10th Amendments to the U.S. Constitution, consider the effect of removing the authority of the federal government to regulate intrastate agricultural products cultivated and harvested for use inside the boundaries of an individual state.

Certain products such as industrial hemp may be cultivated for their fibrous material – very useful in the production of cloth or paper. The seeds may be extracted and the oil refined for the production of bio-diesel.

The crop is not as dependent on petroleum-derivative fertilizers, herbicides or pesticides, as are corn, maize, soybeans, or cotton.

Regulations formerly promulgated under the authority of Article 1, Section 8, Clause 3, known as the interstate commerce clause granting Congress the power to regulate commerce between the states, would be thereby de-emphasized, though remaining in force. There is no need to convince the citizens of neighboring states to go along with the legislation. They are simply not concerned; therefore, there is no need for controversy, cooperation or lengthy debates over ratification by two-thirds of the states.

Here is a copy of the model legislation intended for state legislators' consideration:

SUMMARY

Provides that all goods grown, manufactured or made in (STATE) and all services performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), shall not be subject to the authority of the Congress of the United States under its constitutional power to regulate commerce.

Be it enacted by the General Assembly of (STATE):

SECTION 1.

This Act shall be known and may be cited as the “Intrastate Commerce Act.”
SECTION 2.

(TITLE) of the Official Code of (STATE), relating to commerce and trade, is amended by adding a new chapter to read as follows:

(CHAPTER)

The General Assembly declares:

(A) 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;

(B) 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 (STATE) those rights;

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

(D) 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;

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

They rejected it;

(F) All goods grown, manufactured or made in (STATE) and all services, performed in (STATE), when such goods or services are sold, maintained, or retained in (STATE), 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;

(G) The provisions of this chapter shall apply to goods and services that are produced and retained in (STATE) after (DATE);

(H) 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 act shall be guilty of a felony and upon conviction must be punished by a fine not exceeding two thousand dollars ($2,000.00), or a term of imprisonment not exceeding two (2) years, or both;
(I) Any public officer or employee of the State of ____________ 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 act shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding Five Hundred Dollars ($500.00) or both such fine and imprisonment;

SECTION 3.

This act takes effect upon approval by the Governor.

This link will lead one to the Tenth Amendment Center's page regarding this matter.