UTAH SENATE BILL 0011: A Triumphant March Toward State Sovereignty Worth Fighting (& Writing) For

Times are getting interesting. Many states are finally standing up for their rights--a long overdue action! In Utah, the legislature has proposed at least two bills protecting their rights independent of the Federal Government. In fact, a not even close examination of the bills would bring many to think that perhaps Utah (and other states) is posturing itself for a possible succession if push came to shove. No matter: the state has a right, under several Constitutional fronts to stand up to Federal domination and overbearance (which some would call abuse). Two of those are addressed in bills: to opt out of any Federal attempt at mandatory health management (which they are calling health care); and to protect sales of firearms produced and sold in Utah from any Federal infringement or restriction. There are problems with both attempts. Not because they are latent with unconstitutionality or poorly written--to the contrary. I have read the bills. They are clean, simple, and straight forward. (Perhaps that is part of the problem: that kind of legislation is hard for any Federal "somebody" to understand!)

The reality is that this legislation relinquishes control to the states and individuals where the Constitution says it should lay. And that frightens Federal folks. The truth is, however, that is where the power really is and where it was designed to be. Ironically, Obama was elected with that power. (He can also be taken out with it.) There never has been a more critical time in the age of American history, save the Colonial Period, where standing for personal and state's rights--their independent sovereignty--than now. Included below is a message that was sent to the Governor and is shared here with the challenge to use it as a template to copy and paste, or as guide for your own ideas to write the Utah State Governor about SB11, the Utah Firearms Protection Act. If you live outside of Utah, it is suggested that you contact your legislators to create legislation equal to this and use this letter to address your elected officials.

You can read the entire SB11 by going to this link: http://le.ut.gov/~2010/bills/sbillint/sb0011.htm

To The Honorable Governor Gary Herbert:

It has come to the understanding of the citizens of the great State of Utah that you are heavily considering a veto of SB11, known as the Utah Firearms Freedom Act. Please consider HEAVILY the reprehensible damage a veto will cause the state of Utah to its sovereignty!

With all do respect, any concern you may have to the constitutionality, as was reported, should be quieted. It is not unconstitutional. Indeed, it is to the contrary, as a highly constitutionally strengthening bill. Critics may suppose the bill in conflict with the Commerce Clause. It is not. The Commerce Clause specifically involves intrastate trade. This bill was careful to omit intrastate trade to enforce its constitutionality. It involves only firearms trade within the State of Utah. Hence the Commerce Clause is unaffected.

Additionally, the Act supports the State's rights to do as it deems right for its people as promised under Article 4 and Amendments 9 & 10 of the Constitution. Senator Dayton states as part of the Facts and Findings of the bill that the Constitution is a contract. She is correct: The Constitution is a contract. Furthermore, as a contract, its intent goes to that of the date of signing. (Which she also states in the Facts and Findings.) Contract content and context DO NOT change with time or they become void at best, and fraud at worst. The very nature of the binding contract is to create a time capsule agreement, suspending the view and understanding at that moment and through the duration of the contract--even indefinitely.

Governor Herbert, it is incumbent upon you to defend and protect the Constitution of the United States, and the people of Utah. This bill goes to that effort. I plead with you to do right by the people to support this fine and brilliant legislation as appropriate in our day and time to defend the citizens against unlawful and especially unfair forbiddings to protect themselves and members of their families. WE have gone too long and too far ignoring our personal and state rights. Please assist with this important Constitutional endeavor.

Yours Truly,

(Your Name)
CONSTITUENT