An Act To Prohibit Enforcement of Federal Laws in Violation of the Constitution of the United States
Maine Legislature, Session 125, LD 1172
Committee: Labor, Commerce, Research and Economic Development
Sponsors: NEWENDYKE, LIBBY, SNOWE-MELLO, CEBRA, CRAFTS, KNIGHT, KUMIEGA, O'CONNOR, TIMBERLAKE, WEAVER, MASON

Legislative Document 
No. 1172 
H.P. 870 
House of Representatives, March 17, 2011 
An Act To Prohibit Enforcement of Federal Laws in Violation of the 
Constitution of the United States 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative NEWENDYKE of Litchfield. 
Cosponsored by Representative LIBBY of Waterboro, Senator SNOWE-MELLO of 
Androscoggin and Representatives: CEBRA of Naples, CRAFTS of Lisbon, KNIGHT of 
Livermore Falls, KUMIEGA of Deer Isle, O'CONNOR of Berwick, TIMBERLAKE of Turner, 
WEAVER of York, Senator: MASON of Androscoggin. 
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 
§1409.  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. 
§1410.  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 expresses 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.