Tuesday, September 21, 2010

Jan Brewer and Brian Schweitzer, a crazy pair!

What do Governors Brian Schweitzer and Jan Brewer have in common? Both support writing federal law at the state level.

Case in point, Schweitzer recently announced his intentions to write federal tax laws in Helena. Just like Jan Brewer, Schweitzer says the Feds are asleep at the wheel. “Just because 49 states have failed to do it and just because the federal government and U.S. Congress appear as if they’re lying down on the job doesn’t mean that we will in Montana,” Schweitzer said.

So here is the question, the 10th Amendment says that all powers not given to the Federal Government are reserved to the states. The Constitution, however, the 16th Amendment gives the rights for income taxes and Article 1 Section 7 is dedicated to the power to levy taxes period.

Here is where the Governor runs into trouble. The constitution says, “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” It makes no mention of the special powers granted to Brian Schweitzer, nor the Governor of Montana.

Schweitzer maybe correct, perhaps these companies do not pay enough in taxes. That is the topic of another discussion. I hope that Judge Donald Molly, who had a nice fluff piece in the gazette today, who applied equal protection to wolves, will do the same with regards to Jan Brewer and Brian Schweitzer.

Regardless of whether you agree or disagree with Governor Schweitzer, he is not mentioned in the constitution and Drug companies would quickly win a case making any such law unconstitutional. Additionally, one state attacking an industry will quickly kill those jobs in that state.

With 7.5% unemployment, we don’t need more jobs leaving Montana. This is a big issue, and I doubt it is going away.

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