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November 16, 2004
Fair Weather Federalism
Instapundit linked to this article and this Hit and Run post about how the left is starting to embrace Federalism, although only because it is convenient not because they believe it is a better system of government. As a Federalist myself this may be a good thing, but I am doubtful that either of the major parties are interested in real federalism. Republicans supposedly were interested in it, but then you have Elizabeth Dole imposing a country wide standard drinking age, George Bush and the No Child Left Behind Act, republican justice departments cracking down on medical pot, etc.. Some actions like the drinking age and No Child Left Behind are technically voluntary for states to comply with because states only lose their federal funding for roads or schools if they go their own way. These are frustrating because in the end these are issues the states should be deciding for themselves. If Texas wants its drinking age to be 18 is it really any of Elizabeth Dole’s (now a Senator from North Carolina) business?
If the issue does not involve interstate activity or some regulation obviously needed on a federal level like weights and measures, for the most part Washington should not worry about it. A lot of issues like gay marriage really should be left to the states. If people in Vermont want gay marriages, then they should be allowed to have them, as long as people in Arizona are not forced to recognize them if they do not want to. A federal law stating it is up to each state would be fine by me and would solve the one legitimately federal issue regarding marriage and that is the issue of having states recognize each other’s marriages. I personally think we would all be better off letting each state decide issues like abortion (which was how it was before Roe v Wade). Let the federal government worry about how to kill terrorists and make France mad and other legitimate Federal issues.
I suspect much of the bitterness that arises in politics in this country arises from when one group tries to impose its will on the rest of the country. This seems to be what happened with Dred Scott and the Civil War with states trying to impose slavery on each other and what happened with abortion when it became a federal issue. Now it is happening with gay marriage and letting each state decide for itself on the issue could avoid a lot of the bitterness and leave a lot more people less dissatisfied. I am slightly opposed to gay marriage (I honestly do not care much about that particular issue as it relates to the government), but if the people of Massachusetts decide they want it that is fine. If some judge in Massachusetts decides that Texas has to recognize gay marriage when the people of Texas clearly do not want to, then I have a problem with it
One reason I live in Texas is that I think the laws here are better than where I lived before, California. Besides obvious differences like taxes there is a general sense in California that the state should be involved in everything. There were dozens of propositions on each California ballot that deal with often trivial issues. One of the last votes I cast while in California was against a proposition banning the consumption of horse meat by humans. Not that I have or ever will eat horse meat, but it was none of the state’s business whether I do or not. This year one of many big issues in California was a proposition to put billions of state dollars into stem cell research. This is despite the fact that California does not have billions of dollars to put into the research and that it has the worst bond rating of any state in the country. Of course both propositions passed. The great thing about federalism is that I get to laugh at California for having such a messed up government. And I am sure there is some Californian laughing at Texas because we put people to death on about a weekly basis or for some other reason. As long as Californians are not stopping me from eating my horse burger here in Texas and we Texans are not executing criminals in California we will all get along just fine.
Posted by Pete at November 16, 2004 03:26 PM
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