A Fight over Federalism

A recent article in the NY Times reports an interesting battle between the states and the federal government that has implications for a slew of issues from gays to guns. The controversy is over states' declarations of their right, in some cases, to assert supremacy over federal authority. Gov. Mike Rounds of South Dakota, for example, signed a bill declaring federal regulation of firearms invalid if a weapon is made and used in South Dakota. Utah's governor did the same. Their brazenness has sparked debate over how far states' rights go in American federalism - and where those rights end.

So what actually happens when state sovereignty and federal authority collide? The constitution is clear: the Feds win. But recent events - like DOJ's willingness to respect state medical marijuana laws - have shown that nullification can work. Article 6 would settle state vs. federal government scuffles in court. But that's only if the issue gets to court. If it doesn't, some states can do things their way, contradict federal law, and get away with it.

Utah state Representative Carl Wimmer argues Utah should have

to sign off on any federal health reform.