10 May 2005

federalism: the lost constitutional premise...

For the last several years both Democrats and Republicans have been eliminating Federalism from the way our Constitution works and making James Madison roll over in his grave. Specifically, the US Constitution in the Bill of Rights states:

Amendment X
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.

An article by Bruce Fein in the Washington Times, May 10, 2005, What's federalism among friends?, goes into specific examples of Congress over-stepping its bounds over the last several years and the Supreme Court's overturning many of these laws. Damn those "activist" judges. They tied the hands of religious groups concerning property and gun free school zone laws. These were judgments supported by the most activist justice of all - Antonin Scalia!

The Congress has their fingers in marriage, partial-birth abortion, child interstate abortion, medical malpractice, energy intervention, ad nauseum. All traditionally handled by state law. Not one of these areas has any direct connection to the US Constitution and therefore fall under the power Tenth Amendment and consequently the states.

Fein ends his article using a quote by Justice Louis Brandeis in a landmark case dealing in state's rights:

The Republican Party should return to the political enlightenment of Justice Louis D. Brandeis in New State Ice Co. v. Liebmann (1932): "It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."

The people have been successful in determining what is best for themselves...

no matter what...

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