Friday, November 06, 2009

Gone Fishing.... for the 10th Amendment










Something funny happened this week in the tiny state of Rhode Island.

Remember the 10th amendment of the US Constitution from civics class?

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The state assembly passed a $7 saltwater fishing license requirement in order to block a federal mandate requiring the same. The federal Magnuson Act requires everyone who fishes in saltwater to register for 'survey purposes', to track fish stock and fishing habits. Well, it's a tax. A tax on fishing.

But, our state reps didn’t challenge the federal law even though it violates the RI state constitution that guarantees "Fishery rights -- Shore privileges" .... "The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state, including but not limited to fishing from the shore....

Instead our state reps decided to block the requirement of the federal program by passing our own registration fee (tax) so that we wouldn't need to fall under the federal program. Read all about it here.

Now, I'm no big fan of our Governor, but at least he (along with many other states) have begun to push back on federal regulations that violate state sovereignty. Citing the 10th amendment, the Governor correctly vetoed this new law as it violates our state constitution!

Of course, all day long I heard "it's 'just' $7!", but, the point is it's yet another fee to do something that is a guaranteed right! The governor was right in vetoing this intrusion by the Feds (even though he will probably have it over-ridden). But at least one tiny slice of personal liberty was briefly preserved by the smallest state in the US!

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