Angry White Man: The Bigoted Past of Ron Paul

[Wolf DeVoon]

States should not have the right to violate rights.

The notion of federalism is that states have jurisdiction where the national government does not, and each of the states are free to exercise police power differently. Nevada has gambling and prostitution, Utah does not. New York has state income tax, Texas does not. Massachusetts condones gay marriage, Alabama does not.

I think it was Monstesqueu (or Roquefort? - I always get them mixed up) who observed that the various states were a political laboratory. If a measure succeeded in one state, others may be inspired to adopt it. Like California telling PG&E to give away 1 million free $6 florescent light bulbs and subsidizing five or six million more. Might turn into a national crusade overnight. Free light bulbs for everyone! - if all 50 states fall for it one after another.

Like the power to grant marriages and adoptions, family law including abortion is properly a state (not federal) legal matter. Doctors are licensed by the several states. We can argue that states should not regulate medicine, but that sounds suspiciously libertarian.

W.

Edited January 18, 2008 by Wolf DeVoon

[Brant Gaede]

States should not have the right to violate rights.

The notion of federalism is that states have jurisdiction where the national government does not, and each of the states are free to exercise police power differently. Nevada has gambling and prostitution, Utah does not. New York has state income tax, Texas does not. Massachusetts condones gay marriage, Alabama does not.

I think it was Monstesqueu (or Roquefort? - I always get them mixed up) who observed that the various states were a political laboratory. If a measure succeeds in one state, others may be inspired to adopt it. Like California telling PG&E to give away 1 million free $6 florescent light bulbs and subsidizing 2 million more. Might urn into a national crusade overnight. Free light bulbs for everyone!

Anyway, like the power to grant marriages and adoptions, all family law including abortion is properly a state (not federal) legal matter.

W.

Yes and no, Wolfo. It all comes down to what the Supreme (Federal) Court says what is what. Right now the right to an abortion is only a right to privacy. That may now go up or down. But note: The (Fed.) Supreme Court is Supreme, not any State (or lower) Court. The Civil War decided that, absolutely. The states are supreme only when the Fed. Supreme Court declines to review. An affirmation by the Fed. is only, really, an affirmation of the Fed's power. That in such a case a state and the fed are congruent doesn't contradict this in the least. No State supreme court has ever or will it ever impose itself on the Fed. Therefore, our concern is with the Fed.

--Brant

[John Dailey]

Wolf:

~ I thought it was de Tocqueville who pointed that aspect ('laboratories') out --- or, I'm mixing up my ancient European observer-commenters.

LLAP

J:D

[studiodekadent]

Wolf:

~ I thought it was de Tocqueville who pointed that aspect ('laboratories') out --- or, I'm mixing up my ancient European observer-commenters.

LLAP

J:D

Correct. Montesque (sp?) was the man behind the concept of Seperation of Powers. And Roquefort is a cheese, not a political philosopher.

As for the "laboratories" argument, I like to call this the "Hayekian-Cosmopolitan Argument for Federalism." In a society that has people that follow multiple different value systems, its better to have multiple smaller governments to adjust policies to taste rather than a one-size fits all paradigm, at least for dealing with extremely divisive issues that cannot be solved through discussion as of yet.

I dont advocate state violations of individual rights, but federalism at least gives people with pro-rights philosophies a chance to have control of their states, while allowing the postmodern socialists and primitivist Jesus fascists to have their own states. Its more likely to produce liberty than single governments trying to compromise between multiple competing groups.