HP0483, LD 691, item 1, An Act To Prohibit Enforcement of Federal Laws Regulating Commerce in Violation of the Constitution of the United States

An Act To Prohibit Enforcement of Federal Laws Regulating Commerce in Violation of the Constitution of the United States

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA c. 213-A is enacted to read:

CHAPTER 213-A

INTRASTATE COMMERCE ACT

§ 1407. Short title

This chapter may be known and cited as "the Intrastate Commerce Act."

§ 1408. Findings

The Legislature finds that:

1. Agent of the people. The people of the several states that compose the United States of America created the Federal Government to be their agent for certain enumerated purposes;

2. Tenth Amendment. The United States Constitution, Amendment X declares that the powers not delegated to the Federal Government by the United States Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people;

3. Ninth Amendment. The United States Constitution, Amendment IX specifically provides that the enumeration of certain rights in the United States Constitution does not preclude the retention of other rights by the people;

4. Regulation of interstate commerce by Federal Government. Under the United States Constitution, Article I, Section 8, the Federal Government is empowered to regulate commerce among the several states; and

5. Reservation of regulation of intrastate commerce rights. The power to regulate intrastate commerce is reserved to the states or the people under the United States Constitution, Amendment IX and Amendment X.

§ 1409. Prohibition

1. Interference with intrastate goods and services. A person may not enforce or attempt to enforce a federal law that regulates or attempts to regulate goods grown, manufactured or made in this State or services performed in this State when those goods or services are sold, maintained, retained or performed exclusively in this State.

2. Violation by federal official. An official, agent or employee of the Federal Government or an employee of a corporation providing services to the Federal Government who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the Federal Government in violation of subsection 1 commits a Class C crime.

3. Violation by state official. An official, agent or employee of the State who enforces or attempts to enforce an act, order, law, statute, rule or regulation of the Federal Government in violation of subsection 1 commits a Class D crime.

summary

This bill enacts the Intrastate Commerce Act to express the findings of the Legislature that the Commerce Clause of the United States Constitution is valid for the regulation of interstate commerce but not intrastate commerce. The bill prohibits a federal or state official, agent or employee from enforcing a federal act, order, law, statute, rule or regulation that attempts to regulate goods grown, manufactured or made in this State or services performed in this State. Violation by a federal official is a Class C crime, punishable by up to 5 years in prison and a fine of up to $5,000. Violation by a state official is a Class D crime, punishable by less than one year in prison and a fine of up to $2,000.

HP0483 LD 691	Session - 126th Maine Legislature		LR 323 Item 1
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