Facing off with the feds: sovereignty measures and other steps may indicate an upsurge in anti-federal sentiment in legislatures.

• Author: Weiss, Suzanne

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Discontent over federal mandates in areas ranging from health care to gun control to national security is fueling a states' rights revival in legislatures across the country.

In 2009, formal protests against federal encroachment on states' authority and prerogatives under the 10th Amendment--in the form of sovereignty resolutions or memorials--were considered by legislators in 37 states. Although many of them never made it out of committee or failed on initial floor votes, roughly half were approved in at least one legislative chamber. And in seven states--Alaska, Idaho, Louisiana, North Dakota, Oklahoma, South Dakota and Tennessee--the measures passed in both the House and Senate.

State sovereignty resolutions are just one manifestation of an upsurge in anti-federal sentiment that began taking shape several years ago and has steadily gathered steam, says Gary Moncrief, a political science professor at Boise State University whose research focuses on state politics and government.

Some examples include:

* Since 2007, more than two dozen states have passed resolutions or laws denouncing and refusing to implement the federal REAL ID Act, which imposes rigorous security, authentication and issuance standards for driver's licenses and state ID cards.

* Fourteen states have asserted their right--through legislation or voter-approved initiatives--to permit and control the medicinal use of marijuana.

* Montana and Tennessee in 2009 enacted legislation declaring that firearms and ammunition manufactured, sold and used within their borders are not subject to federal regulations and taxes. Similar measures have been introduced in Florida, South Carolina, Texas and several other states over the past year.

* The Arizona Legislature recently voted to place a referendum on the fall 2010 ballot that would guarantee the state's residents the right to opt out of "any potential national health-care system."

In Moncrief's view, the growth of the state sovereignty movement over the past several years is attributable in large part to the Internet, which has facilitated efforts on the part of conservatives to force issues out of Washington and into states, where they might have a better chance of winning them.

"This is essentially a Republican initiative," he says. "It's a pretty easy way to stir things up and keep the base motivated."

Indeed, of the 16 states where sovereignty resolutions have passed in one or both legislative chambers...