What Happened To States Rights?

Discussion in 'History' started by PoliticalChic, Dec 17, 2010.

  1. PoliticalChic
    Offline

    PoliticalChic Platinum Member

    Joined:
    Oct 6, 2008
    Messages:
    36,701
    Thanks Received:
    9,768
    Trophy Points:
    462
    Location:
    Brooklyn, NY
    Ratings:
    +10,675
    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 constitutionEven 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.
     
  2. uscitizen
    Offline

    uscitizen Senior Member

    Joined:
    May 6, 2007
    Messages:
    45,943
    Thanks Received:
    4,786
    Trophy Points:
    48
    Location:
    My Shack
    Ratings:
    +4,796
    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.
     
    • Thank You! Thank You! x 1
  3. PoliticalChic
    Offline

    PoliticalChic Platinum Member

    Joined:
    Oct 6, 2008
    Messages:
    36,701
    Thanks Received:
    9,768
    Trophy Points:
    462
    Location:
    Brooklyn, NY
    Ratings:
    +10,675
    Hey, good to see you back!

    Sadly, you are right in the post.
     
  4. manifold
    Offline

    manifold Gold Member

    Joined:
    Feb 19, 2008
    Messages:
    38,903
    Thanks Received:
    5,081
    Trophy Points:
    198
    Location:
    in your dreams
    Ratings:
    +5,084
    Abe Lincoln --> :piss2::deal: <-- State's rights
     
  5. Big Black Dog
    Offline

    Big Black Dog Gold Member Supporting Member

    Joined:
    May 20, 2009
    Messages:
    22,393
    Thanks Received:
    4,548
    Trophy Points:
    185
    Ratings:
    +4,642
    What Happened To States Rights?

    It turned into States "Left".
     
  6. Old Rocks
    Offline

    Old Rocks Gold Member

    Joined:
    Oct 31, 2008
    Messages:
    34,693
    Thanks Received:
    3,742
    Trophy Points:
    247
    Location:
    Portland, Ore.
    Ratings:
    +4,063
    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.
     
    • Thank You! Thank You! x 1
  7. RetiredGySgt
    Offline

    RetiredGySgt Gold Member

    Joined:
    May 6, 2007
    Messages:
    35,428
    Thanks Received:
    4,625
    Trophy Points:
    262
    Location:
    North Carolina
    Ratings:
    +5,119
    You prove just how fucking stupid you are with every post.
     
  8. Old Rocks
    Offline

    Old Rocks Gold Member

    Joined:
    Oct 31, 2008
    Messages:
    34,693
    Thanks Received:
    3,742
    Trophy Points:
    247
    Location:
    Portland, Ore.
    Ratings:
    +4,063
    Po' widdle panties all in a knot? Conservatives and reality do not mix.
     
  9. editec
    Offline

    editec Mr. Forgot-it-All

    Joined:
    Jun 5, 2008
    Messages:
    41,427
    Thanks Received:
    5,591
    Trophy Points:
    48
    Location:
    Maine
    Ratings:
    +5,594

    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.



     
  10. zzzz
    Offline

    zzzz Just a regular American

    Joined:
    Jul 24, 2010
    Messages:
    3,068
    Thanks Received:
    418
    Trophy Points:
    63
    Location:
    Yountsville
    Ratings:
    +419
    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&#8217;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&#8217; 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&#8217;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&#8217;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.
     
    • Thank You! Thank You! x 1

Share This Page