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What Happened To States Rights?

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Old 12-17-2010, 02:27 PM
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What Happened To States Rights?

1. “Efficiency of state governments is impaired as they relinquish and turn over to the federal government responsibilities which are rightfully theirs.” Calvin Coolidge, PART TWO: Unease in the Golden Age (Page 1 of 3) - "Clearly Vicious as a Matter of Policy": The Fight Against Federal-Aid - Highway History - FHWA

2. The Founders envisioned a decentralized political arrangement, one which empowers individuals because it dispersed power, rather than amassing it in one place. Read the Tenth Amendment, ratified in 1791:

a. 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.

b. Supreme Court Justice Louis Brandeis referred to the state legislatures as "laboratories of democracy" willing to tackle new and innovative approaches in meeting the needs of society.

3. Referred to as ‘federalism,’ it was a relationship between the central authority and states, discussed in Federalist #39, by Madison. ‘ Citizens of each State had a duty to insure their States retained their constitutional sovereignty, a duty to support legislators who put a check on general power, who interposed on the citizens behalf. It is for this reason James Madison words make sense when writing, in Federalist 39, “Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitution.” Even those who disagreed agreed on federalism – Tenth Amendment Center

a. “FEDERALISM-THE IDEA THAT our central government's powers are delegated to it by the states and are therefore limited is a rare and delicate flower that blooms briefly in election years.” http://www.cato.org/pubs/regulation/regv7n3/v7n3-7.pdf

b. Indicia of the intentions of the Founders can be found in the existence of the electoral college rather than a majority-rule system, and the statement in Article VI that the Constitution is the supreme law of the land, and that includes the Tenth Amendment.


4. Further, the distance of the decision makers from the locale of the problem is inversely proportional to the chance of satisfaction. Professor Lino Graglia, University of Texas, explained that decentralizing power “controls the tyranny:” "It can be shown arithmetically that if an issue is decided by larger units, involving more people,
the likelihood increases that fewer people will obtain their preference and more will be disappointed... .As the power source is farther removed from the individuals
affected, what might be called dissonance or interference in transmission-in communication and responsiveness--increases....” http://www.cato.org/pubs/regulation/regv7n3/v7n3-7.pdf

a. Another reason why federalism is the best approach, is that it allows folks to “vote with their feet,” and if they are unhappy with one jurisdiction, move to one more in line with their wishes. This mirrors the free-market system with businesses competing for customers. Where the federal government is a monopoly, federalism is a vehicle for freedom.

b. But the federalism is a problem for progressives, as states have less of a progressive tax system: property taxes and sales taxes tend to be less graduated, and some states have no income tax, as well. Redistribution is slowed to a trickle.

5. Careful consideration should be used before assigning jurisdiction to the federal government, rather than local authorities. National security, judiciary, international relations, and patents and copyrights are properly within federal purview. Beyond those areas, hegemony lies with the states and the people.

a. Before the Civil War, petitions to the federal government for aid of for subsidies were rarely approved. In 1817, Madison vetoed a road and canal construction bill as unconstitutional. In 1832, Andrew Jackson vetoed a bill to improve harbors and rivers as it would have meant “…a principle that concedes to the General Government an unlimited power over the subject of internal improvements,…” Andrew Jackson: Veto Message

The states should reclaim the power that the progressive century has abbreviated.
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Old 12-17-2010, 02:37 PM
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What happened to states rights? both party's have whittled them down.
And the partisan hacks of both sides supported the moves and mostly still do.
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Old 12-17-2010, 02:48 PM
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What happened to states rights? both party's have whittled them down.
And the partisan hacks of both sides supported the moves and mostly still do.
Hey, good to see you back!

Sadly, you are right in the post.
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Old 12-17-2010, 02:55 PM
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Abe Lincoln --> Guests cannot see images in the messages. Please register to forum by clicking here to see images.Guests cannot see images in the messages. Please register to forum by clicking here to see images. <-- State's rights
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Old 12-17-2010, 02:58 PM
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What Happened To States Rights?

It turned into States "Left".
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Old 12-29-2010, 05:35 AM
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What happened to states rights? We became a nation, and the time to cross this nation dropped from months to hours, and the time to communicate from coast to coast, from weeks to instantly. The world became very much smaller through communication and modern technology. States essentially are no more useful as major units than counties were previously. Just a fact of life, a reality the Conservatives would love to ignore.
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Old 12-29-2010, 05:49 AM
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What happened to states rights? We became a nation, and the time to cross this nation dropped from months to hours, and the time to communicate from coast to coast, from weeks to instantly. The world became very much smaller through communication and modern technology. States essentially are no more useful as major units than counties were previously. Just a fact of life, a reality the Conservatives would love to ignore.
You prove just how ****ing stupid you are with every post.
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Old 12-29-2010, 05:56 AM
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Po' widdle panties all in a knot? Conservatives and reality do not mix.
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Old 12-29-2010, 06:01 AM
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What Happened To States Rights?

They became a burden thanks to the CSA's treason to the union.

Ever since that time the States rights issue has lost its luster.

Through in FEDERAL income tax and "revenue:" sharing and the states are appendages to the FED.



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Old 12-29-2010, 06:37 AM
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The constitution was a compromise between those states that wanted a strong central government and those that wanted a loose confederation. With only 13 states to deal with and the corresponding officials and legislatures it took a lot of hard bargaining to come up with a concept of a central government that would govern a group of states that everyone would vote for. Therefore certain state rights were given to a central government entity and the rest were retained. Over time as the country has grown and went through growing pains, including the disagreement in the 1860’s, the states have lost a great deal of their autonomy to the Federal government. The founders designed the constitution so that it would grow with the country providing an amendment process to change it and even allowing a constitution convention to make major changes if necessary. That process is what makes the constitution one of the most wonderful articles of governing in the world.

The argument about states’ rights is one that will last as long as this country exists under the constitution. The problem for those that call for the return of more power to the states is that it is very hard to get back what you have given away. Once politicos go to Washington they obtain the power of a strong central government and they see that if they give it away they will lose some of their power. They may have said previously that they were for state’s rights and even when they get there they may voice that opinion but in reality once there, it is just window dressing. Realistically the only way to for the states to regain those rights is through a constitutional convention.

But what does state’s right mean? Just how much do you want the state to be able to control? Interstate commerce and national security of course is a federal thing. States could take over environmental issues, labor issues, education and other areas. Is this a good thing? It would certainly reduce the size of the federal government some but would it reduce your federal tax. It would certainly raise your state taxes. When you talk about state rights you need to look at the ramifications of state rights. Sure it sounds nice as a rallying point for politicos but look at what it means in real life terms.
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Old 12-29-2010, 07:53 AM
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What Happened To States Rights?
Texas v. White
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Old 12-29-2010, 07:55 AM
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States rights will be at an all time low by year end 2011-12.
Reason? The fed will bail out several states and will assume some supervisory roles because of it.
Just wait.
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Old 12-29-2010, 07:59 AM
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Old 12-29-2010, 08:02 AM
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Quote: Originally Posted by iamwhatiseem Guests cannot see images in the messages. Please register to forum by clicking here to see images.
States rights will be at an all time low by year end 2011-12.
Reason? The fed will bail out several states and will assume some supervisory roles because of it.
Just wait.
Perceptive.

Sadly this trend (of slowly making the states powerless by comparison to the FED, I mean) has been happening our entire lives.

Both the Dems and the Reps are behind it.
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Old 12-29-2010, 08:04 AM
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States rights slowly die away, every time a state takes money from the fed, for some idiotic reason.

And, as with ANYONE or ANYTHING that takes money from the fed...Remember, now that you've received the money, they get to tell you what you can do, and not do, with it. Then, if you want more, they get to tell you what you can do, and not do, in order to get it.

The definition of dependence, and even political slavery...Personified.
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