Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Federalism Debate [And 'States Rights']
Cato Institue ^ | 10/28/04 | Rodger Pilon

Posted on 10/28/2004 6:03:10 PM PDT by tpaine

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 381-391 next last
This excellent essay has probably been posted in the past, but it is rarely referred to in todays "States right's" controversies on FR.
1 posted on 10/28/2004 6:03:12 PM PDT by tpaine
[ Post Reply | Private Reply | View Replies]

To: tpaine
But what about the sorry history of "states' rights" as a doctrine that southern states invoked by way of defending slavery and then, after the Civil War, the reign of Jim Crow? Does this not give weight to the question, "Why doesn't Washington trust the states?" Indeed it does, but here too there has been substantial misunderstanding over the years, with a seminal Supreme Court case at its core. The tragic compromise that led the Framers to accept slavery in their midst is well known. It took a civil war to abolish that institution, and the Civil War Amendments to secure the legal rights of the freed slaves.

The problem was that there is no such thing as 'state rights'only individual rights.

All gov't (local, state and Federal) are for the purpose of defending the individual from arbitrary power of either of these governments.

Neither one is inherently better then the other, only easier to control since it is smaller (Local and State).

2 posted on 10/28/2004 6:15:54 PM PDT by fortheDeclaration
[ Post Reply | Private Reply | To 1 | View Replies]

To: fortheDeclaration

Most people mean powers of government not specifically delegated to the federal government when they talk about "states rights".


3 posted on 10/28/2004 6:22:35 PM PDT by GeronL (FREE KERRY'S SCARY bumper sticker .......... http://www.kerrysscary.com/bumper_sticker.php)
[ Post Reply | Private Reply | To 2 | View Replies]

To: tpaine
Not remotely did the Framers intend that the clause would be converted from a shield against state abuse--its use in the first great Commerce Clause case, Gibbons v. Ogden -- into a sword, enabling Congress, through regulation, to try to bring about all manner of social and economic ends.

Inconvenient truth.

4 posted on 10/28/2004 6:23:18 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: fortheDeclaration
fortheDeclaration wrote:

The problem was that there is no such thing as 'state rights'only individual rights.

Those of us that believe so are a very small minority at FR, surprisingly enough.

Most here have surrendered to the idea that if you can get a State to enforce 'the rules', [as you would have them] its 'right'.
-- It's also the Constitution turned on its head.

5 posted on 10/28/2004 6:33:24 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
[ Post Reply | Private Reply | To 2 | View Replies]

To: GeronL
Most people mean powers of government not specifically delegated to the federal government when they talk about "states rights".

I think speaking of any branch of Gov't as having 'rights'confuses the reason why we have gov't.

The States have their areas of responsiblities and power as does the Federal gov't.

Neither have 'rights'.

This is what caused so much confusion before the Civil War.

This was Calhoun's notion that the State was itself a sovereign entity and had 'rights'to protect when it was, in fact, a part of the Federal system whose function was to protect individual rights.

6 posted on 10/28/2004 6:37:37 PM PDT by fortheDeclaration
[ Post Reply | Private Reply | To 3 | View Replies]

To: GeronL; tacticalogic
GeronL wrote:

Most people mean powers of government not specifically delegated to the federal government when they talk about "states rights".

Conveniently [there's that word again] ignoring that States are prohibited by the Constitution from infringing upon individual rights.

7 posted on 10/28/2004 6:39:55 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
[ Post Reply | Private Reply | To 3 | View Replies]

To: tpaine

You say that the Cons prohibits the states from infringing on individual rights. This isn't quite true. The Cons pretty much leaves the states free to deal with civil liberties as they see fit. The prohibitions on the states are found in art 1 sec 10, and as you can see, those prohibitions are pretty thin. It's not that the framers didn't care or anything, it's just that the states were used to dealing with their own issues, and would have certainly had problems if the new G had come along and said, "Here now, we're the new boys in town and you will do this and this with your laws, and that's that."


8 posted on 10/28/2004 6:46:59 PM PDT by RayStacy
[ Post Reply | Private Reply | To 7 | View Replies]

To: tpaine
Most here have surrendered to the idea that if you can get a State to enforce 'the rules', [as you would have them] its 'right'. -- It's also the Constitution turned on its head.

That is because the South did a very good job in historical revisionism after the Civil War.

According to them, The war was not really about slavery but 'states rights'(war between the states etc)

Many conservatives accepted this as being 'gospel'and the civil rights movement (brought about in reaction to the Jim Crow laws) was yet an additional attack on the 'states'.

The South before the Civil War rejected the Declaration of Independence and its statement that áll men were created equal...ánd it was determined after the Civil War, to ignore it.

9 posted on 10/28/2004 6:49:25 PM PDT by fortheDeclaration
[ Post Reply | Private Reply | To 5 | View Replies]

To: tpaine

I said 'most people'. I know better.


10 posted on 10/28/2004 6:56:17 PM PDT by GeronL (FREE KERRY'S SCARY bumper sticker .......... http://www.kerrysscary.com/bumper_sticker.php)
[ Post Reply | Private Reply | To 7 | View Replies]

To: fortheDeclaration
Actually, I'm not sure where the term originated. It is quite confusing to most people.

Responsibilities is a much better description.

11 posted on 10/28/2004 6:57:35 PM PDT by GeronL (FREE KERRY'S SCARY bumper sticker .......... http://www.kerrysscary.com/bumper_sticker.php)
[ Post Reply | Private Reply | To 6 | View Replies]

To: GeronL

I think Sen.Calhoun began to use the term.


12 posted on 10/28/2004 7:00:13 PM PDT by fortheDeclaration
[ Post Reply | Private Reply | To 11 | View Replies]

To: tpaine
James Madison, the Father of the Constitution, elaborated upon this limitation in a letter to James Robertson: With respect to the two words "general welfare," I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators. If the words obtained so readily a place in the "Articles of Confederation," and received so little notice in their admission into the present Constitution, and retained for so long a time a silent place in both, the fairest explanation is, that the words, in the alternative of meaning nothing or meaning everything, had the former meaning taken for granted.

When in doubt ask the author. 'tis a pity how the true spirit of the Constitution is pretty much gone.

13 posted on 10/28/2004 7:09:53 PM PDT by gorush (Exterminate the Moops!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RayStacy
Most people mean powers of government not specifically delegated to the federal government when they talk about "states rights". ---- Conveniently [there's that word again] ignoring that States are prohibited by the Constitution from infringing upon individual rights.

Ray: --- You say that the Cons prohibits the states from infringing on individual rights. This isn't quite true.
The Cons pretty much leaves the states free to deal with civil liberties as they see fit.

You're ignoring Art. VI and the Amendments.

The prohibitions on the states are found in art 1 sec 10, and as you can see, those prohibitions are pretty thin.

Our Bill of Rights is 'thin'?

It's not that the framers didn't care or anything, it's just that the states were used to dealing with their own issues, and would have certainly had problems if the new G had come along and said, "Here now, we're the new boys in town and you will do this and this with your laws, and that's that."

Yep, there was a lot of fancy language used, & compromises made, -- in order ratify our Bill of Rights, -- but they're still pretty clear to me.

Do you have a problem with States obeying them as the Law of the Land?

14 posted on 10/28/2004 7:12:02 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
[ Post Reply | Private Reply | To 8 | View Replies]

To: tpaine
Conveniently [there's that word again]

Convenience has become an entitlement.

15 posted on 10/28/2004 7:13:54 PM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: gorush; yall; robertpaulsen; mrsmith
gorush wrote:

When in doubt ask the author. 'tis a pity how the true spirit of the Constitution is pretty much gone.

I always like to ask some of FR's resident defenders of the "general welfare" to enlighten us all.

16 posted on 10/28/2004 7:22:54 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
[ Post Reply | Private Reply | To 13 | View Replies]

To: tpaine

Art VI, unless I'm missing something, is not a prohibition on the states. The Bill of Rights is irrelevant. I am discussing the ORIGINAL cons, which was ratified w/out a BOR. Furthermore, the BOR did NOT apply to the states until after the Civil War. The BOR applied ONLY to the Federal Gov. Many of the states, for example, (VA included) actually had state supported churches. If you lived in VA,you paid taxes to support the state church. That simple. Again, the prohibitions in Art 1, sec 10 are indeed thin.


17 posted on 10/28/2004 7:29:10 PM PDT by RayStacy
[ Post Reply | Private Reply | To 14 | View Replies]

To: tpaine; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
18 posted on 10/28/2004 7:31:14 PM PDT by farmfriend ( In Essentials, Unity...In Non-Essentials, Liberty...In All Things, Charity.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tpaine

If "general welfare" means that the feds can legislate anything, then why bother enumerating the powers in Article 1, Section 8? I defer to Mr. Madison's explanation...I wish more would but I fear that most of todays voting citizens are blissfully ignorant of the limitations intended on the federal government.


19 posted on 10/28/2004 7:34:43 PM PDT by gorush (Exterminate the Moops!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: gorush

You are correct. Additionally, why would the Framers have locked themselves in that oven in Philly for 3 mos if they were gonna produce a cons that said, essentially, "Oh, the G can do whatever it wants, whenever it wants, so long as they do it for the undefined, vague, hazy, mean anything general welfare." They could have done that in five mins.


20 posted on 10/28/2004 7:44:29 PM PDT by RayStacy
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 381-391 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson