17 9 / 2012
I’m so sick of the argument ‘STATE’S RIGHTS!!!’.
Yes. I know of the tenth amendment stating:
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.
There it is. The problem is that there are many things that ARE delegated to the federal government indirectly through the Constitution.
For example … the ability to create a federal banking system. Nowhere in the language of the Constitution will you find the word ‘bank’, yet Art. I, Sec 8, Cl 18. allows for the federal government to have control over issues that are considered ‘necessary and proper’ for the federal government to be involved in. In the case of a federal banking system the Supreme Court agreed in ‘McCullough v. Maryland’.
Anyway. State’s rights. I feel like most of the time it’s just a fall back argument when there isn’t any real policy or ability to come back with a real answer. This is for any issue ranging from gay marriage to gun control to education.
Do you know the last time people advocating for state’s rights became so vocal? The 1960’s Civil Rights era. Those that didn’t want to allow for integration or various other requirements that the federal government handed down would cry, ‘State’s rights!!!’
Please, let’s discard this tired argument except for where it’s really applicable, and start facing the issues.