Showing posts with label Federalism. Show all posts
Showing posts with label Federalism. Show all posts

Sunday, March 11, 2012

Open Letter to Rick Santorum



Mr. Santorum, you are correct; Judeo-Christian values were central in the founding of the United States. From the Declaration of Independence, to the individual writings of the founding fathers, this is abundantly clear. In his writings, Tocqueville noted that while the formal separation of church was a vital aspect of the new republic, Christian faith and liberty  "were intimately united" and "reigned in common over the same country." He believed that in the United States, "the safeguard of morality is religion, and morality is the best security of laws, as well as the surest pledge of freedom." And those familiar with American History are aware that the crusade to abolition slavery and expand civil rights were primarily driven by people of faith.

But, for various reasons, I am concerned about your highly religious rhetoric. Nowhere in the writings of the founding fathers do we encounter sentiments that politicians and the state must propagate faith and virtue. They must form and flourish in the womb of civil society, in families, churches and charities. Those who seek to nourish religious sentiments and institutions through the state, will foster the corruption and the dependency of the church. Regarding your focus on contentious social issues; the 10th Amendment dictates that issues like gay marriage and abortion are not the concern of the federal government, rather they are under the jurisdiction of states and communities. Thus, you are fostering the centralization of power that most conservatives criticize President Obama for.

Let your faith continue to guide your private and public decisions, because the constitution grants us freedom of, not freedom from religion. But, be aware that the surest defense of religious liberty is not a strong central government that intervenes in social life, but the system of limited government and federalism established by our constitution. And we ask that you have faith that America's rich Judeo-Christian traditions will continue to flourish without the help of the state and without your campaign rhetoric. G-d and good sense be with you.


Monday, December 19, 2011

True Respect For Diversity

Back in my university days, a friend of mine once proposed a drinking game in which we would read the student handbook and take a shot of liquor every time it mentioned "diversity." We ultimately rejected his proposal on the grounds that after the first few pages we would succumb to alcohol poisoning. The point of this anecdote is that "respecting" or "celebrating diversity," has become a basic mantra of most progressives. If we are unable to achieve "relativistic enlightenment" and understand that all cultures and traditions as equal, we must at the very least  accept the right of individuals and communities to express their culture and celebrate their traditions.

After much thought I become convinced that the greatest individual differences are found within rather than between groups. The aggregate statistical differences between (let's say) African-Americans and European-Americans are dwarfed by the diversity within each community. And at least within the United States, once we control for class and education, the greatest cultural differences are not found between different ethnic groups, but between different regions. For example, there is a greater probability that I (as a white) would have more in common with a secular, educated, middle class Hispanic-American of my native Chicago than I would with a deeply religious, working class white of rural Alabama. This leads me to determine that Southern Christians are as a"distinct piece" of the "gorgeous cultural mosaic" that makes up the United States as Asian-Americans, Jewish-Americans or any other group. 

For these reasons it strikes me as contradictory, if not hypocritical, when progressives voice contempt for devout, southern Christians, whom they refer to as "red necks," for it would be beyond the pale for them to criticize observant Muslims, Jews, etc. This demonstrates that they neither respect the cultural diversity found within their group nor the marked cultural differences that flourish between regions of the United States. This had led to instances in which school districts encouraged Muslim and Jewish students to set up displays of Crescents and Menorahs, while barring Christian students from presenting similar displays. In a recent case, the Supreme Court had to intervene to defend the right of a Christian student group from meeting after school. In this case, I do not believe that the administrations were motivated by a concern for the separation of church and state, but rather by their inability to include Traditional Christians in their "celebration of diversity."

In the political arena this is seen when activists and politicians seek to oppose uniform policies across the land, indifferent to the sentiments and desires of diverse states and regions. During the push for health care reform, the federal government largely ignored the Tenth Amendment by seeking to impose a single plan, rather than allow each state to pursue policies that reflect the cultural and philosophical inclinations of their residents. Implicit in the strong sense of Federalism present in the constitution is a respect for the principles of self governance and an affirmation of and respect for the pronounced regional diversity that already existed.. To allow a strong central government to impose uniform policies across the land, beyond the carefully enumerated powers granted by the constitution, would be a recipe for conflict. Individuals who objected to the laws that governed their state or community could seek to alter them through the democratic process or move to other localities that better reflected their political and cultural visions. Of course this is not to say that states rights are without limits; slavery and other egregious abuses of individual rights warrant federal intervention.  But, beyond that, we should respect the rights of diverse peoples and regions to enjoy their cultural and political traditions, even when we find them distasteful. That makes for a freer, stronger and more interesting nation. 

Sunday, April 24, 2011

It's Ok To Be Progressive (Anywhere But Washington DC)



It will probably come as a surprise that I, the dreaded arch-conservative, the Grinch who stole progress, support progressive politics in any place but Washington DC. In fact, I positively view the efforts of the people of Portland Oregon and other towns, to limit sprawl, preserve green space and strengthen public transportation. If they decided to legalize the marriage of cats and dogs and men and monkeys, it would be their business and their business alone. And I even view the socialist kibbutzim with great favor.

The reason is that on a local level progressive initiatives are more democratic and represent true self governance. And although I am personally averse to high taxation, I respect the rights of local communities to determine what portion of their earnings they would like to invest in the public sphere. On the other hands, federal efforts to impose "progress" are by their very nature coercive, and less responsive to the needs, desires and cultures of local communities. And most importantly, those who are unhappy with local initiatives are always welcome to challenge them through the democratic process or to vote with their feet and find another town or state that better reflects their values. In contrast, nothing is as permanent as temporary federal program and when politicians in DC imposes their laws and taxes across the land, there is nowhere to run.

Saturday, November 13, 2010

Think Locally!

The debate on health care has focused on questions of national policy; in other words what reforms should be uniformly imposed by the federal government on the economically, politically and culturally diverse states of the union. But, I have yet to hear a sound explanation of why the people of the 50 states should not be allowed to debate and decide the health care policies that best suit their needs, values and desires. In other words, if the people of California desire a single payer plan - let them enjoy its benefits and bear its costs. And if the people of Texas desire market driven reforms - them enjoy its benefits and bear its costs. These principles also apply to education and a host of other issues. Here are but a few of the many benefits of a less centralized approach to governance:

1. It's inherently more democratic and respectful of diversity. At the very least, if you don't like a policy, you can move to a state that better represents your values, but federal mandates traps citizens by to not allowing them to "vote with their feet."

2. It allows for greater domestic tranquility. For example, if the people of each state can only influence their own educational policies, they have little reason to engage in divisive policy and cultural wars on a national level.

3. State and local governments can serve as a "laboratory for democracy." In other words, we can learn from the successes and failures of the initiatives of other states.

4. The connection between a local policy and end result is almost always more apparent than it is between a federal policy and end result. For example, it's very difficult to determine which, if any, national policies are responsible for changes in the rate of crime. However, the connection between the sharp drop in crime that New York City experienced and Rudolph Giuliani's policies is strong and apparent. This allows the public to better assess what works and what does not.

5. It fosters greater individual and community participation and power. For example, parents have greater opportunities to influence the policies of their local schools via PTA and town hall meetings, than they have to influence national educational policy.

6. The larger and more distant a center of power is, the less responsive to the needs and desires of its people it tends to be. As inept or corrupt as a local politician may be, they almost always possess more detailed, up-to-date information about the nature and needs of their community than a federal bureaucrat does.

7. The true cost of policies are almost always more apparent on a local level. For example, the federal government was able to spend over a trillion on the War In Iraq while simultaneously cutting taxes. In contrast, the rising cost of government in Chicago and Cook County have quickly lead to rising property taxes. This helps explain why the people of Chicago vigorously protest costly new initiatives, such as Mayor Daley's push to host the Olympics, yet largely remain silent in the face of out of control federal spending.

8. State and local governments are limited in their power to plunge the public into debt, because of they are unable to print money and limited in their ability to borrow it. So, states and local governments are forced to face fiscal reality much faster than their federal counterpart.

9. Many federal initiatives violate the letter and spirit of the Constitution. The powers of the powers of the federal government are limited to functions specifically enumerated in the constitution, the powers of states and communities are broad and plentiful. To justify the expansion of the size and scope of federal government, politicians and their judicial enablers have resorted to willful misrepresentations of the Commerce Clause and General Welfare Clause.

10. A federal government that focuses on the functions assigned to it by the Constitution, will be more effective in achieving them. For example, the federal government has greatly expanded its areas of responsibility, while failing to secure the border.

http://en.wikipedia.org/wiki/Commerce_clause

http://en.wikipedia.org/wiki/General_Welfare_clause

Sunday, October 3, 2010

It's Time To Part Company


Whether you agree or disagree with his observations and analysis, the economist and philosopher Walter Williams is always thought provoking. In this article written 10 years ago, he compellingly argues that the political divide in the United States has grown too large to bridge. And since then, it clearly has grown even larger. The only solution to maintaining a peaceful, prosperous union is a reaffirmation of federalism, which maximizes the rights of the people of diverse states and communities to determine their economic, political and cultural destiny. If this is not achieved, then Mr. William's prediction of secession may come to pass in our lifetime.

Sept. 13, 2000 / 12 Elul, 5760

It's Time to Part Company

By Walter Williams

ONE POLITICAL QUESTION we have to answer is whether George W. Bush or Albert Gore shall be president, and just which party will control the House of Representatives and the Senate. But I'd suggest that there's a far more important long-run question we must answer: If one group of people prefers government control and management of people's lives, and another prefers liberty and a desire to be left alone, should they be required to fight, antagonize one another, and risk bloodshed and loss of life in order to impose their preferences, or should they be able to peaceably part company and go their separate ways?

Like a marriage that has gone bad, I believe there are enough irreconcilable differences between those who want to control and those want to be left alone that divorce is the only peaceable alternative. Just as in a marriage, where vows are broken, our human rights protections guaranteed by the U.S. Constitution have been grossly violated by a government instituted to protect them. Americans who are responsible for and support constitutional abrogation have no intention of mending their ways.

Let's look at just some of the magnitude of the violations. Article 1, Section 8 of our Constitution enumerates the activities for which Congress is authorized to tax and spend. James Madison, the acknowledged father of the Constitution, explained it in The Federalist Papers:

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce. ... The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives and liberties, and properties of the people, and the internal order, improvement and prosperity of the State."

Nowhere among the enumerated powers of Congress is there authority to tax and spend for: Social Security, public education, farm subsidies, bank bailouts, food stamps and other activities that represent roughly two-thirds of the federal budget. Neither is there authority for Congress' mandates to the states and people about how they may use their land, the speed at which they can drive, whether a library has wheelchair ramps and the gallons of water used per toilet flush. A list of congressional violations of the letter and spirit of the Constitution is virtually without end.

Americans who wish to live free have two options: We can resist, fight and risk bloodshed to force America's tyrants to respect our liberties and human rights, or we can seek a peaceful resolution of our irreconcilable differences by separating. That can be done by peopling several states, say Texas and Louisiana, controlling their legislatures and then issuing a unilateral declaration of independence just as the Founders did in 1776.

You say, "Williams, nobody has to go that far, just get involved in the political process and vote for the right person." That's nonsense. Liberty shouldn't require a vote. It's a God-given or natural right.

Some independence or secessionists movements, such as our 1776 war with England and our 1861 War Between the States, have been violent, but they need not be. In 1905, Norway seceded from Sweden, Panama seceded from Columbia (1903), and West Virginia from Virginia (1863). Nonetheless, violent secession can lead to great friendships. England is probably our greatest ally and we have fought three major wars together. There is no reason why Texiana (Texas and Louisiana) couldn't peaceably secede, be an ally and have strong economic ties with United States.

The bottom line question for all of us is should we part company or continue trying to forcibly impose our wills on one another?

http://www.jewishworldreview.com/cols/williams091300.asp

Thursday, September 2, 2010

State's Rights & Nullification - A Path to Liberty, Peace & Prosperity.


Pictured above: the great James Madison, defender of individual liberty, limited government and the right of self governance.
The mere mention of state's rights and nullification will send most liberals into a fit. While they are correct that there are examples were these doctrines were used for indefensible purposes, like defending segregation, there are numerous examples were nullification was used to protect American citizens against federal tyranny. In fact, Wisconsin and other states utilized nullification in its defense of African-Americans when it refused to cooperate with the federal government's ghastly Fugitive Slave Law. Those who support nullification correctly point out that in this day and age, the greatly threat to liberty, as well as our fiscal and economic welfare do not come from states and local governments, but from the federal government. And having thrown off the shackles of centralized British Rule, the founding fathers were careful to draft a Constitution that guarded the people and the states from the threat of centralized, arbitrary power. Jefferson wrote, “When all (state & local) government...shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.”
Very early on in the republic prominent founding fathers, like Thomas Jefferson and Madison openly supported the rights of states to not comply with federal mandates that violated the letter and spirit of the constitution.
One of the most prominent examples of nullification is the Kentucky and Virginia Resolutions; in 1789 the said states declared that they refused to adhere to the Alien And Sedition Acts, on the grounds that it violated the constitution. The worst element of this act made it a crime to publish "false, scandalous, and malicious writing" against the government or its officials." Thomas Jefferson saw that this granted the federal government a carte blanche to violate the 1st Amendment rights of citizens and arbitrarily arrest critical journalists and politicians. In addition, the authors of the resolution argued that the federal government had violated the 10th Amendment, which states:
"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."
Underlying this amendment is the understanding that historically the greatest threat to individual liberty was the undue centralization and arbitrary exercise of power. Accordingly, the founding fathers crafted the this amendment to carefully limited and clearly enumerate the powers of the federal government. In other words, politicians were explicitly barred from expanding the powers and functions of the federal government beyond those specifically granted in the constitution. In contrast, the people of states and communities were to enjoy greater flexibility in crafting laws and policies. In the last half century politicians of both parties have systematically violated the letter and spirit of this amendment, rapidly expanding the size and scope of the federal government. This has been made possible by the interrelated decline in civic mindedness and the growing sense of entitlement of large segments of the American people. For example, very few Americans have asked where in the constitution is the federal government granted the power to mandate that all Americans purchase health insurance. When a concerned citizen presented this very question to Nancy Pelosi they were met with laughter and derision. Most progressives and some conservatives implicitly believe that laws (that they support) are constitutional if the majority of congress supports it, which is clearly not the case.
Concerned citizens believed that the dangerous centralization of power and the erosion of individual liberty could be addressed if we put the "right man at the helm." Many progressives and even some conservatives were seduced by Obama's campaign promises of halting abuses of civil rights and rule of law, such as warrant-less wire taps and endless detentions without trial. Clearly Obama has been unwilling or unable to roll back these policies. This should have come as no surprise, because history shows that once politicians and governments have come to enjoy expanded powers, few if any will willfully surrender them. So, rather than hope for a wise leader who will behave with restraint, the only means to curb the dangerous growth of the federal government and the erosion of individual liberty is through the reaffirmation of the 10th Amendment and right of nullification. In other words, whenever necessary states must defy the will of federal politicians and even of federal judges and choose to not comply with unconstitutional mandates.
This is the only means in which we the people can check the awful and unconstitutional policies that have emanated from Washington, such as the costly and destructive war on drugs. Clearly the social and economic costs of this multi-billion war have vastly outstripped its benefits, yet very few politicians are willing to openly discuss reasonable alternatives. At first I attributed this to their stupidity, but I am now inclined to believe that this stems from the cupidity of politicians who are unwilling to rescind the tremendous power and resources that the war on drugs have granted them. Not only has the war on drugs placed billions of dollars at the disposal of the federal government, but it has increased their hold on individuals, states, communities and even foreign governments. So, the only solution for states that do not wish to spend untold resources incarcerating American citizens for victimless crimes is to ignore unwise and unconstitutional federal mandates. Those who prefer the more humane and fiscally conservative path of treating drug addiction as an illness rather than a criminal offense must forge and finance their own drug policies. Citizens who are appalled by warrant-less wiretaps, should affirm the right of their states to not aid Washington in these unconstitutional endeavors. And although I question of the wisdom of Arizona's immigration enforcement efforts, in light of the failure of the federal government to secure the border and uphold the rule of law, the people of Arizona have the right to ignore the heavy handed intrusion of the federal government in their internal affairs.
Reaffirming the 10th Amendment is an essential aspect in fighting the growing fiscal cancer that is undermining the economic health of the United States. To start off with, even the most ill governed local states and local governments are limited in their fiscal irresponsibility by two simple facts: they cannot print money and relative to the federal government, their capacity to amass debt is limited. Sooner or later ill governed cities and states will crash into a wall of fiscal reality and be forced to pursue real reform, whereas the federal government has the resources and fiscal tools to delay the financial day of reckoning. And whereas the terrible policies of a local government damages a single community, bad federal policy plague an entire nation.
Rather than create so much ill will and waste so much time and energy battling our fellow Americans to determine the nature of federal policies, we should maximize the rights of states and communities to determine their social, political and economic destinies. Instead of waging political war to impose contentious health care mandates across a very culturally, politically and economically diverse nation, why not let states and communities determine which policies work for them? If the people of California desire a single payer payer plan and the people of Texas desire more market driven reform, why battle? Why, not let each state pursue their desired path? If some states do not want to bear the social and economic costs of the war on drugs and others believe that it is a worthy endeavor, why not let them pursue their desired paths? Why not let each state become a living laboratory of democracy, demonstrating to the rest of the nation which policies work and which do not? Would we not further the cause of pluralism and tolerance if we allowed educational and cultural policies to once again became state and local affairs? The divide between cultural liberals and evangelicals has grown too large, the chance of reaching a workable national consensus on religion, gay marriage and abortion is slim to none. We can either engage in fruitless cultural wars and endless court battles or recognize the rights of states and communities to determine their own destinies.
This leads us the question: is it a wise and sustainable path to allow lone individuals and special interest groups to impose their will on entire states and communities via costly and contentious court battles? As much as I detested Chicago's failed gun control laws, I was troubled to see them overturned by the heavy hand of a federal court via a law suit filed by a disgruntled individual. Would it not have been better for those opposed to gun control to compete in the market place of ideas and the electoral process? And if those efforts did not bear fruit, could he not have moved to any one of 100's of communities in Illinois with more lenient gun laws? Other than clear and compelling cases were a state or local law violates fundamental civil rights, individuals should respect the rights of the majority, the rights of self governance. And the federal government should respect the rights of states and communities to govern their internal affairs. Reaffirming this right will almost certainly reverse the tide of declining participation of American citizens in local civic and political life. Federalism and nullification are not perfect solutions, but they will allow the diverse people, cities and states of the United States to maintain a more free, peaceful and prosperous union. Enough of my bantering - enjoy the thoughtful and compelling writing of Thomas Woods.

The Right To Nullify This Government
by Thomas E. Woods, Jr.
07/13/2010
Every couple of years the same drearily predictable charade repeats itself. This time we’re really going to limit government! Or so they tell us. We on the Right then dutifully compose our letters to the editor, attend rallies, and vote for candidates without whom, we are breathlessly assured, we shall all revert instantly to barbarism. And no matter who wins, the federal government grows and grows. The Right gets a bunch of pretty speeches, and the Left gets the victories.
The passive approach of crossing our fingers and hoping Washington will follow the Constitution has not worked. The only surprising thing about it is that anyone could have expected it to work in the first place. It is long past time for those of us who want to confine the federal government to its constitutional limits to try something different.
The time has come to revisit nullification, the quintessentially American mode of resistance against federal lawlessness that Thomas Jefferson urged as an essential ingredient of our political system. In the Kentucky Resolutions of 1798, Jefferson insisted that the states needed a way to defend themselves against unconstitutional exercises of power by the federal government. Jefferson’s fear was that if the federal government had a monopoly on defining the scope of its own powers, it would be constantly discovering new ones. Likewise, James Madison urged in the Virginia Resolutions of 1798 that the states were “duty bound to resist” when the federal government violated the Constitution. (The reader will not be surprised to learn that Bill Clinton held no White House soiree in honor of the two hundredth anniversary of these documents in 1998.)
These principles were used for honorable purposes throughout antebellum American history. Virginia and Kentucky used them on behalf of free speech. The New England states employed them against unconstitutional searches and seizures. Numerous northern states used them against fugitive slave laws, provisions of which they considered unconstitutional notwithstanding the Constitution’s fugitive-slave clause. More than six decades after Jefferson penned the immortal words of the Kentucky Resolutions, the legislature of Wisconsin quoted them word for word in defense of its defiance of such laws.

Do American schoolchildren read about any of this? The question answers itself. They are about as likely to read that I, Tom Woods, am the king of England.

But all of a sudden, out of the clear blue, nullification is back. Fiscal conservatives and civil libertarians joined hands in 2005 to oppose the REAL ID Act, which involved the centralization and standardization of identification procedures. They had no idea how successful they would be. Two dozen states pledged to defy the law. Stung by this degree of resistance, the federal government gave up trying to enforce the Act.
Now, states are banding together to devise resistance measures against Obamacare, cap and trade, and a whole raft of constitutionally offensive legislation. Several states have already instituted Firearms Freedom Acts, which pledge the state to prevent the enforcement of federal gun regulations when the guns in question have never entered interstate commerce. (Color me skeptical that the recent Supreme Court decision means Americans’ Second Amendment rights are safe forever.)
So far, most conservative radio and television hosts have shied away from the issue. That’s a shame, to be sure, but it doesn’t change much. The Tea Party folks are going to nullify with or without them. Within six months these same media personalities will be huffing and puffing to catch up with what has been going on right under their noses.
But you, dear reader, ought to get in on the ground floor. The Tenth Amendment Center, for example, is sponsoring a tour of America called Nullify Now! (NullifyNow.com), which will bring these important ideas to major American cities and force them back into the American political discussion where they belong. My new book, Nullification: How to Resist Federal Tyranny in the 21st Century, gives you all the ammunition you need to understand and defend nullification as an essential defense mechanism for a free people. And my “Interview with a Zombie” YouTube video shows you how the mainstream media will handle the issue, and how we should respond.
The rebirth of nullification is not welcome news to everyone. MSNBC and the New York Times do not want us to say or do these things. They like the situation just the way it is: we make lots of noise, and they rack up the victories. They are happy if we persist in the same failed and flawed strategy that has gotten us exactly nowhere. I for one would prefer not to give them the satisfaction.
It’s fine to hold conferences, write letters to the editor, and sign petitions. But at some point it becomes morally (and practically) necessary to do more than just wring our hands about the behavior of the federal government. At some point we in our states must say: we are not going to do it. Never did I suspect that the American people would grow angry and politically aware enough to put these great principles back on the table. Ideas I once covered as a historian I am now discussing as a commentator on current events. This is the healthiest development in American politics I have seen in my life. Everyone reading these words owes it to the cause of freedom to be a part of it. We have been played for fools long enough.
Editor’s Note:Take the time to explore Nullification: How to Resist Federal Tyranny in the 21st Century. Mike P.
Mr. Woods' most recent book is Nullification: How to Resist Federal Tyranny in the 21st Century (Regnery) and he is the author of 33 Questions about American History You're Not Supposed to Ask, The Politically Incorrect Guide to American History (Regnery) and Meltdown: A Free-Market Look at Why the Stock Market Collapsed, the Economy Tanked, and Government Bailouts Will Make Things Worse (Regnery)

http://www.humanevents.com/article.php?id=37967

http://en.wikipedia.org/wiki/Fugitive_slave_law

http://en.wikipedia.org/wiki/Alien_and_Sedition_Acts

http://en.wikipedia.org/wiki/Kentucky_and_Virginia_Resolutions

http://en.wikipedia.org/wiki/10th_amendment

A New War Between The States



New Geographer

A New War Between The States

By Joel Kotkin

07.27.10

Will the stars and bars win this time?

Nearly a century and half since the United States last divided, a new "irrepressible conflict" is brewing between the states. It revolves around the expansion of federal power at the expense of state and local prerogatives. It also reflects a growing economic divide, arguably more important than the much discussed ideological one, between very different regional economies.

This conflict could grow in the coming years, particularly as the Obama administration seeks to impose a singular federal will against a generally more conservative set of state governments. The likely election of a more center-right Congress will exacerbate the problem. We may enter a golden age of critical court decisions over the true extent of federal or executive power.

Some states are already challenging the constitutionality of the Obama health care program. Indiana, North Dakota, Mississippi, Nevada and Arizona joined a suit on March 23 by Florida Attorney General Bill McCollum to overturn the law. And Arizona's right to make its own pre-immigration regulations has gained support from nine other states: Texas, Alabama, Florida, Nebraska, Pennsylvania, South Carolina, South Dakota, Michigan and Virginia.

These may be just the opening salvos. If the Republicans and conservative Democrats gain effective control of Congress, the White House may choose to push its agenda through the ever expanding federal apparat. This would transform a policy dispute into something resembling a constitutional crisis.

Such legal kerfuffles are unlikely to serve as precursors to armed conflict. But the political and rhetorical battles will certainly be heated. The federalistas can take heart from the the Civil War of a century and a half ago, which was decisively won by the union. They can also gain some encouragement from the ultimate success of the New Deal and of World War II.

The federal government's greatest bragging right--ending the absolute evil of slavery--was secured during the last war between the states. While most Union soldiers may have gone to war for the Union, the final result was an end to slavery. The consolidation of that gain during the 1960s also rests on expanded federalism.

But the Civil War also was, as Karl Marx observed, a conflict between powerful economic interests. The Southern economy depended heavily on the export of commodities--primarily cotton, but also tobacco and other foodstuffs. It enjoyed profitable trading ties with the capitalistic superpower of the time, Great Britain. The North, in contrast, was an emerging industrial power for whom the British Empire represented the prime competitor.

After the war the industrial capitalists ran the country virtually unchallenged. They overcame the Southern commodity producers politically and burdened them with high tariffs. By the 1890s American manufacturing surpassed Great Britain. The North became relatively rich while the South and much of the West remained backwaters until the 1950s.

The economic map looks very different today. Generally speaking, states in relatively good economic shape are concentrated in an economic "zone of sanity" across the vast Great Plains. They are also in the least "fiscal peril," according to a recent Pew study. Not surprisingly, these states see little reason to extend federal power and increase taxation in order to bail out their more profligate counterparts.

To a large extent these states, according to Pew, are also the ones willing to reform their pension and other spending to keep down costs. Significantly, strong pension reforms have been enacted in some hard-hit sunbelt states--such as Nevada, Georgia, New Mexico and Arizona--which appear to be following the fiscal model of the zone-of-sanity states.

In contrast those states most favorable to a more powerful Washington are often the ones suffering the worst fiscal situations. They also seem least willing to solve their structural budget issues. Free-spending, poorly managed states like New York, California, Michigan, Oregon and Illinois--all of which are controlled by the president's political allies, need massive federal largesse to pay their bills without ruinous tax increases or painful cuts. Some localities in these states could become the Greeks of late 2010 as they head inexorably toward defaults.

The differences between the states, however, extend beyond budget items. Many of the worst-managed also benefit from more federal spending on academic and medical research, and from subsidies for their often expensive green energy policies. They can also argue, with some justification, that the zone-of-sanity states have benefited in the past from federal crop supports, military spending and highway funding. Now it's their turn for disproportionate time at the trough.

Perhaps the most divisive issue will be the Obama administration's proposed "cap and trade" legislation. For the most part, the strongest opposition comes from coal-dependent, industrial heartland states such as Indiana, whose governor, Mitch Daniels, has denounced the legislation as "imperialism" from Washington. Other keen opposition can be expected among members in both parties from energy-producing states like West Virginia, Texas, Louisiana, Oklahoma, North Dakota, Alaska and Wyoming.

In contrast "cap and trade" seems less of a problem to the rapidly deindustrializing coastal states. Many of these states pride themselves as exemplars of an emerging low-carbon "information economy" and seem determined to limit their gas-spewing sectors like agriculture, manufacturing and transportation. A strong federal mandate on carbon emissions also would diminish the competitive gap between states like California, burdened by draconian local climate change policies, and less restrictive places like Texas.

So who is likely to win the emerging new war between the states? Federal partisans might paint their opponents as the new "Confederates" fighting a protracted rear guard action, this time against science and social enlightenment. Certainly some demographic trends--youth attitudes on environmental issues, growing ethnic diversity and urbanization of "rural" states--favor the unionists.


Yet you can argue that the fiscally strong states will be better positioned for the future. In contrast to the mid-19th-century Confederates, whose population growth paled compared with the Northern states, many of today's demographic trends favor the anti-federalists.

Over the past decade America's population and enterprises have been shifting away from the unionist strongholds. Once depopulating states like Kentucky and the Dakotas are enjoying net in-migration from the rest of the country. Texas gradually threatens to supplant California as the leading destination for the young and ambitious.

This suggests that after the 2010 census we could see something of a neo-confederate majority in Congress. Historical patterns may be repeating themselves, but they could produce a very different final result.

Joel Kotkin is a distinguished presidential fellow in urban futures at Chapman University. He is also an adjunct fellow at the Legatum Institute in London and serves as executive editor of newgeography.com. He writes the weekly New Geographer column for Forbes. His latest book, The Next Hundred Million: America in 2050, was published in February 2010 by Penguin Press.

Thursday, August 26, 2010

Guns, Gays & Immigration


What do guns, gays and immigration have in common? In a short period of time, judges have negated the will of voters, communities and state governments by overturning laws regarding the aforementioned issues. At its core, these cases involve a clash between various social goods and the right of self governance that offer no easy answers. And on a broader level, these cases represent the ongoing clash between forces that seek an even greater concentration of political power in the federal government, as well as the judicial branch against those who seek to maintain the rights of states and communities to manage their affairs. On far too many occasions, the left and the right alike have turned to the courts and federal government to enforce their will on communities, blind to the fact that they are granting the government increased power that may one day be used against them. And more importantly, they are eroding the principle of self governance that has been so essential to American Democracy.

The first instance involves the Supreme Court case of McDonald et al. v. the City of Chicago. The lead plaintiff was an elderly African-American man who wanted to purchase a hand gun to defend his home against gangs and criminals, but was barred from doing so because of the City of Chicago's hand gun ban. In a 5 - 4 vote, McDonald was victorious and Chicago's handgun ban was overturned. As someone who supports the Second Amendment and opposes King Richard Daley II's absurd handgun ban, I was initially thrilled. After all, the ban did nothing to keep weapons out of the hands of violent criminals and merely limited the capacity of law abiding citizens to defend themselves. But, further reflection, I became more ambivalent. I do recognize that there were times in which the intervention of courts and the federal government were necessary to address grave abuses of power by local governments, the move to end government mandated segregation being the best example. But, I also believe that in a healthy democracy, we must be extremely reserved about overturning the rights of local communities to direct their social, economic and political life. As idiotic as the ban may have been, I would have liked to see it debated and eventually overturned by the people of Chicago via the electoral or proposition process.

The second example involved Judge Walker overturning Proposition 8, which banned gay marriage. As a civil libertarian who opposes the state limiting the rights of individuals, I was pleased by Judge Walker's ruling. But, the thought of a single judge overturning the will of at least 7,000,000 voters is deeply undemocratic and is a prime example of the undue concentration of power in a single government functionary. Of course I recognize that the electorate should not have unlimited power to promulgate any law they desire, especially laws that curtail the rights of individuals. Without a doubt, a law that prohibited gays from pursuing their lifestyle and enjoying the legal and financial benefits of domestic partnership would have been a gross violation of individual rights. It would have constituted an example of the state limiting an individuals right to privacy and the pursuit of happiness. However, as much as I support gay marriage, I am not certain if a ban on it constitutes a fundamental violation of individual rights. Why? Because although democracy requires communities to tolerate behaviors that they find perverse, a community is not required to recognize or affirm that behavior. Ultimately, I would like to see communities and states support gay marriage through gradual social evolution that comes through healthy debate, but imposing gay marriage through the heavy hand of the courts will create an angry, unhealthy backlash. And progressives should bear in mind that one day the political and social pendulum may swing the other way and activist courts may overstep their boundaries and negate progressive laws and initiatives.

The third example of court intervention, when a federal judge overturned several key components of SB1070, Arizona's immigration enforcement is the most complex and contentious. Even though I question the wisdom and effectiveness of this law and I recognize that immigration policy is fundamentally the responsibility of the federal government, I am troubled by the heavy handed action against a state's efforts to address a very real problem. This must be looked at in the context of a federal government who for lack of political will or ability has done little to address the challenges that Arizona faces as a border state. What also troubles me is that in spite of their rhetoric, the federal government's actions appear to be driven more by political than constitutional concerns. If the Obama Administration's concern were that states and communities were usurping the role of the federal government, they would be equally critical of sanctuary cities like Chicago that have enacted de-facto amnesties, as they are of localities that seek to enforce existing federal immigrating laws.

Yes, there are times when the federal government or the courts must override the will of states and communities, but if we are to remain vigilant against a dangerous centralization of power, this must be the very rare exception. We must err on the side of allowing self governance, only intervening when local policies offer a clear and present danger to individual liberty. And conversely, to allow a sole individual or organization to so readily use the courts to overturn any law that they view unfavorably will make governance even more costly, litigious and inefficient. Even when communities are able to win court battles and uphold their desired laws, the astronomical cost of their legal defense has a chilling effect on the democratic process. The thought alone of facing months or years of costly litigation will make other cities and states unduly cautious in crafting laws and policies to address the social and economic ills that their members face. To this many progressives will respond - why is the abuse of power on a federal level any worse than the abuse of power on a local level? In the case of ill governed cities and states, individuals can vote with their feet. That is, if they are sufficiently alienated with their local government and see no prospect of change, they will leave and seek out localities that reflect their values and visions. This is precisely what the millions of Americans who have fled Chicago and California have done. But, when the federal government imposes terrible policies across the land, to where can aggrieved citizens run?

Sunday, July 25, 2010

Justice Department Plans to Sue Over Arizona Law

Very interesting and very relevant. To start off with the motivation for the Obama Administration's lawsuit against Arizona is purely political and not constitutional as they claim. Many cities and states, including, actively do not cooperate with the Federal Government in the enforcement of immigration laws and Arizona (for good or for bad) seeks to enforce those laws, yet the former do not draw the ire of the federal government. In fact, being cognisant that SB1070 would be challenged by the courts, its authors were careful that it would mirror already existing federal laws. The failure of Obama to meet with Governor Jan Brewer before his administration announced the impending law is further evidence of its political motivation.

I predict that this lawsuit will spur the Obama Administration to push for comprehensive immigration reform and shift public opinion against him. First and foremost, even those who are not supportive of SB1070 are sympathetic with Arizona's plight as a border state. Secondly, many Americans are not comfortable with the increased centralization of power. Those who are well versed in American history are aware that state and local governments were considered by many to be the "laboratory of democracy." In other words, the citizens of communities could work together to put together laws and solutions to address their unique social and economic ills. Together they would bear the costs and benefits of their policies and other communities could learn from their successes and failures.

In regards to Arizona, my advise is to wait and see what the outcome of their controversial policies will be. Will they impose heavy economic and social costs on the people of Arizona as its detractors predict? Or will they help Arizona address the challenges posed by massive undocumented immigration until the Federal Government is willing or able to do so? And will this be "Obama's Last Stand" which will hasten his rapid decline in popularity? We shall see.



Official: Justice Department plans to sue over Arizona law


By Terry Frieden,

CNN Justice Producer

June 18, 2010 4:52 p.m. EDT


(CNN) -- Obama administration lawyers are planning to file a legal challenge to a controversial Arizona immigration law within a month, according to a senior administration official.
The Justice Department would not confirm the claim, saying only that "The Justice Department is continuing to review the law."

Federal government lawyers who have been working on the expected challenge for several weeks will most likely file their arguments in federal court in Phoenix in the days leading up to July 28, when the statute is scheduled to take effect, the official said.

Although the Justice Department indicates no final decisions have been made at this point, officials were put on the spot when Secretary of State Hillary Clinton said in a recent television interview in Ecuador the government "will be bringing a lawsuit" in the case.

Administration officials have indicated the question of Arizona usurping federal authority to control the border and enforce immigration law is the most likely federal point of attack against the state law signed by Gov. Jan Brewer earlier this year.

http://www.cnn.com/2010/US/06/18/us.arizona.immigration.law/index.html?iref=allsearch

Wednesday, November 18, 2009

Excerpt from Irving Kristol (part III)

In the previous post I discussed the merits of a federalized system of governance particularly in maintaining peace in a culturally diverse nation. What this basically entails is granting states and local communities greater leeway in resolving contentious social issues, as we did in the past.
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The immediate objection that my liberal friends will voice is, "gay marriage, abortion etc. are fundamental rights that are too important to be subject to the whims of local communities..."

My response to them is: be very cautious in granting the federal government the power to impose its will on states and local governments in cultural issues. Today, the federal government may be willing to use its expanded power to enforce values that you find favorable on "backwards communities." But, one day when political forces shift the federal government towards values contrary to your own, the expanded powers that you granted it will be used to impose values and policies that you and much of your community hold distasteful. Of course this does not mean that the federal government should ignore true violations of civil rights if and when they emerge. Rather, our 1st instinct should be to allow local communities to negotiate solutions to their social and economic dilemmas.

Interestingly the very same "progressives" who lament the decline of civic and political involvement on a local level are very inclined to use federal courts to thwart the expressions of the popular will of local communities. Virtually any referendum that generates results not favorable to the "progressive" agenda will engender lawsuits and endless court battles. Needless to say, the more you limit a community's ability to determine its own destiny, the less involved the populace will be in working to shape that destiny. I've never understood the expression "you can't have your cake and eat it too," but I do believe that it applies in this situation.

Tuesday, November 17, 2009

Excerpt from Irving Kristol (part II)

Very interesting excerpts from the writings of social, political and philosophical commentary of the late Irving Kristol. I wish that more politicians on the right and on the left would take heed of his wise words on the merits of federalism in maintaining peace in a culturally diverse nation. Attempts by the religious right and the secular left to impose their visions and values regarding church-and-state, abortion, gay rights, etc. on a national level is a recipe for social conflict and possibly even secession. Allowing communities to work out these very divisive issues and individuals to live in communities that best reflect their values is far from a perfect solution, but it is most likely the best. Also, his writings on the place of Jews in issues of church and state are interesting and before you accuse Mr. Kristol of anti-semitism its worth considering that he was Jewish.

The possibility of reconciling conservative traditions of religion or morality with the freedom of a market economy is not only a matter of speculation. It has formidable historical antecedents, which, even if they are unfamiliar to many today, are nevertheless at the heart of the Anglo-American tradition of free government. In the United States, between the founding of the republic and World War II, approximately 175 years of conflict between the secular market economy and a religious predisposition excited scarcely a tremor in the body politic. One can find proof of this by consulting any major textbook in American history published before 1945. A glance at the index may reveal a few passing references to “church and state” relations, but nothing more. You look up “censorship” and you find no reference at all, although there was a great deal of censorship taking place.

Over the last fifty years, the national issue which we now refer to as “religion in the public square” has engendered an entire library of legal arguments, but prior to 1945, it is clear that the issue could not have been that controversial, for the simple reason that there were hardly any legal rulings on the subject: There were virtually no Supreme Court decisions that addressed this issue. The reason for this is an instructively practical one: Under the American federal system, issues such as school prayer, religious activities on public grounds, censorship of pornography—in short, the great majority of religious and moral issues—were adjudicated by political negotiations at the local level. These negotiations took into account the magnitude and intensity of public opinion on either side of an issue, and after some useful if sometimes painful experience, each community reached a via media that it could live with. In general, minority opinion was always respected, but majority opinion always received the greater deference. To reach such accepted norms in such a way that people could live together did not require a great deal of theorizing about absolute systems of universal rights; but what it did require was a great deal of inherited wisdom and common sense, on the part of the majority and on the part of the minority.

A few examples will suffice to make it clear what this meant in practice. When I went to elementary school in Brooklyn, we had an assembly once a week, which the principal of the school always began with a prayer. Now, the school was about one-half Jewish, with the rest of the students being Irish, Italian or Anglo-Saxon Protestants. The principal was no fool, so he read a Psalm. The nice thing about the Psalms is that they are of Jewish origin, are part of the Christian Bible, but Jesus is not mentioned. So what Jew was going to object? Mind you, Jews these days do object to the reading of Psalms in public schools. But in those days, there were no Jews who would object to reading a Psalm, and no Christians who would object either. It was a common-sense solution to a problem; it worked for many, many decades.

Similarly, when I was young, there were burlesque shows, “topless” shows, we would call them, in New York, and Fiorello La Guardia, a very liberal and progressive mayor, decided that this was not good for the city. He did not want New York City to be known as a center for strip-tease shows, so he prohibited them. Just like that. The issue was taken to court, and the court ruled that La Guardia was the elected representative of the public, and if the public wanted things that way, it was their right. People who didn’t like it could leave New York City and move to Newark, where you could go to a burlesque show. There was no outraged public debate, no crisis, no book written on the subject. In the United States in that era, any community that wanted to order its public life in a certain way was permitted to do so. One’s position had to be “within reason,” but the point is that the range of issues which one could reasonably decide one way or another was considered to be quite broad, and open to a process of political trial and error. If Boston wanted to ban a book that had sex scenes in it, it did so. And then the book sellers in New York put up big signs in their store windows that said “Banned in Boston,” and this would be great for business. This might have been difficult to fit into some great universal system, but it took into account the traditions and feelings of these very different cities, and as a consequence, public life in both Boston and New York was conducted in a way that allowed most people in both cities to be happy.

In general, the political handling of controversial religious and moral issues in the United States prior to World War II was a triumph of reasoned experience over abstract dogmatism. Unfortunately, since around 1950, it is abstract dogmatism that has triumphed over reasoned experience in American public life. As everyone knows, this unwarranted and unfortunate reversal has provoked a constitutional crisis where there had never been one before. And much as I regret to say this, the sad fact is that American Jews have played a very important role—in some ways a crucial role—in creating this crisis.

It is a fairly extraordinary story when one stops to think about it. In the decades after World War II, as anti-Semitism declined precipitously, and as Jews moved massively into the mainstream of American life, the official Jewish organizations took advantage of these new circumstances to prosecute an aggressive campaign against any public recognition, however slight, of the fact that most Americans are Christian. It is not that the leaders of the Jewish organizations were anti-religious. Most of the Jewish advocates of a secularized “public square” were themselves members of Jewish congregations. They believed, in all sincerity, that religion should be the private affair of the individual. Religion belonged in the home, in the church and synagogue, and nowhere else. And they believed in this despite the fact that no society in history has ever acceded to the complete privatization of a religion embraced by the overwhelming majority of its members. The truth, of course, is that there is no way that religion can be obliterated from public life when 95 percent of the population is Christian. There is no way of preventing the Christian holidays, for instance, from spilling over into public life. But again, before World War II, there were practically no Jews who cared about such things. I went to a public school, where the children sang carols at Christmastime. Even among those Jews who sang them, I never knew a single one who was drawn to the practice of Christianity by them. Sometimes, the schools sponsored Nativity plays, and the response of the Jews was simply not to participate in them. There was no public “issue” until the American Civil Liberties Union—which is financed primarily by Jews—arrived on the scene with the discovery that Christmas carols and pageants were a violation of the Constitution. As a matter of fact, our Jewish population in the United States believed in this so passionately that when the Supreme Court, having been prodded by the aclu, ruled it unconstitutional for the Ten Commandments to be displayed in a public school, the Jewish organizations found this ruling unobjectionable. People who wanted their children to know about the Ten Commandments could send their children to heder.

Since there was a powerful secularizing trend among American Christians after World War II, there was far less outrage over all this than one might have anticipated. The Jewish campaign against any suggestion that America was a Christian nation won one battle after another; eventually it made sufficient headway in the media and the legal profession—most importantly on the Supreme Court—that today there is widespread popular acceptance of the belief that this kind of secularism, which is tolerant of religion only so long as it is practiced privately and very discreetly, was indigenously and authoritatively “American,” and had always been so. Of course, it has not always been so, and Americans have always thought of themselves as a Christian nation—one with a secular government, which was equally tolerant of all religions so long as they were congruent with traditional Judeo-Christian morality. But equal toleration under the law never meant perfect equality of status in fact. Christianity is not the legally established religion in the United States, but it is established informally, nevertheless. And in the past forty years, this informal establishment in American society has grown more secure, even as the legal position of religion in public life has been attenuated. In this respect, the United States differs markedly from the democracies of Western Europe, where religion continues steadily to decline and is regarded as an anachronism grudgingly tolerated. In the United States, religion is more popular today than it was in the 1960s, and its influence is growing, so the difference between the United States and Europe becomes more evident with every passing year. Europeans are baffled and a little frightened by the religious revival in America, while Americans take the continuing decline of religion in Europe as just another symptom of European decadence.

And even as the Christian revival in the United States gathers strength, the Jewish community is experiencing a modest religious revival of its own. Alarmed by a rate of intermarriage approaching 50 percent, the money and energy that used to go into fighting anti-Semitism, or Israel Bonds, is now being channeled into Jewish education. Jewish day schools have become more popular, and the ritual in both Reform and Conservative synagogues has become more traditional. But this Jewish revival does not prevent American Jews from being intensely and automatically hostile to the concurrent Christian revival. It is fair to say that American Jews wish to be more Jewish while at the same time being frightened at the prospect of American Christians becoming more Christian. It is also fair to say that American Jews see nothing odd in this attitude. Intoxicated with their economic, political and judicial success over the past half-century, American Jews seem to have no reluctance in expressing their vision of an ideal America: A country where Christians are purely nominal, if that, in their Christianity, while they want the Jews to remain a flourishing religious community. One can easily understand the attractiveness of this vision to Jews. What is less easy to understand is the chutzpah of American Jews in publicly embracing this dual vision. Such arrogance is, I would suggest, a peculiarly Jewish form of political stupidity.For the time being, American Jews are getting away with this arrogance. Indeed, American Christians—and most especially the rising Evangelical movements—are extraordinarily tolerant, if more than a little puzzled, by this novel Jewish posture. And the lack of any negative Christian reaction has only encouraged American Jews in the belief that they have discovered some kind of universally applicable formula for dealing with non-Jews. One can see this in the way many American Jews have taken to speaking about Israeli foreign policy in recent years. After all, why should getting along with believing Moslems be different from getting along with non-believing Christians? Many Jews honestly do not appreciate the difference, and therefore assume that if there is no peace in the Middle East, Israeli Jews must be doing something wrong.

With the exception of a few quotations from the Prophets, there is nothing in the Jewish tradition that prepares Jews to think politically about foreign policy. It is not surprising, therefore, that Europe’s Jews were so vulnerable to the universalist utopianism that characterized the Enlightenment, whose essence is the attempt to make do with abstract theories of universal rights and international laws, in precisely those areas in which a people most desperately needs the practical experience of statesmanship and the political wisdom which at great length grows out of it. This political utopianism has left the Jews intellectually disarmed as they attempt to deal with the intractable foreign policy problems of an independent Jewish state, and charging down a blind alley in their search for constitutional arrangements that serve the Jewish interest in both the United States and Israel.



http://www.jewishagency.org/JewishAgency/English/Jewish+Education/Educational+Resources/More+Educational+Resources/Azure/8/8-kristol.html.htm

Monday, April 27, 2009

The Great Dilemma

For those who slavishly adhere to a single good and completely disregard other goods, the world is a simple place with few dilemmas. But, for those who acknowledge that life involves a painful compromise between competing values, clear cut answers are few and tough dilemmas are many. For me, no other issue poses such a great dilemma as gay marriage.

I have some very wonderful gay friends who are involved in loving, long-term monogamous relationships, so I am sympathetic towards gay marriage. These sentiments are strengthened by the tremendous value I place on individual freedom.

The right of self governance is an essential good in a democratic society. In other words, even when we do not necessarily agree with the positions of a community, we should respect their right to govern themselves according to their values and visions and resolve their own internal disputes. And in a democracy having a federal government or a court system that is too quick to impose its will on local communities is not healthy. Although we may be happy when the federal government imposes our values on others, we surely will not be happy when the values of others are imposed on our community, hence the need for a government that treads cautiously when intervening in local affairs.

My well informed critics will correctly point out that the rights of self governance stop when a community usurps the constitutionally guaranteed rights of an individual. The best example being the illegitimate suppression of voting rights of African-Americans in many southern communities.

So, the question we must ask is if not allowing gay marriage is a violating of constitutional rights? I would start by making a careful distinction between individual sphere and the communal sphere. That which lies in the private, individual sphere and does not infringe on the rights of other members of the community, constitute inalienable personal rights. For example, any law that limited the rights of gays to pursue their relationship would be grossly unjust and unconstitutional. And in my opinion, it would also be unconstitutional to deny gay couples the right to have the same tax, insurance and inheritance benefits that straight couples enjoy. Although this would be abhorrent to religious communities, it would in no way infringe on their rights.

On the other hand, marriage goes beyond the private realm. When a community or state permits a certain form of marriage, it implies that it officially sanctions and supports it. It implies that the relationship is in accordance with the fundamental values and beliefs of that community. For example, I have never met anyone would consider it a crime for a man to share the same house with and engage in a polygamous relationship with 3 women. But, few if any "progressives"or conservatives would legalize polygamous marriage. Why? Because although they can permit behavior that they find pathological or immoral, they will not sanction or support that relationship by enshrining it in marriage. To do so would negate the existence of the shared values and visions that bind that community.

The most reasonably position is to allow each community decide. A federal government that prevents communities from exercising their right to accept or to decline gay marriage will surely result in greater social tension and a further erosion of civic and community involvement. If the majority of a community is not permitted to form laws and institutions that reflect their values and beliefs, that community will either become passive and withdrawn or highly defiant. Some will complain that this will divide the nation. I say that for good or for bad, we are already seeing the accelerated growth of two social spheres in America: the secular-relativist and the religious-traditionalist. Allowing for local communities to determine their policies on gay marriage is far from a perfect solution, but it is one that will ensure a peaceful co-existence between the two Americas. Rather than call on courts to impose values that go against the beliefs and values of the majority of their fellow community members, "intolerant rednecks" and "G-dless liberals" can move to communities that better reflect their values. This may sound radical, but it is already happening. I have met many secular liberals have moved from traditional regions of the south and Midwest to large, liberal cities like Chicago and LA. And equally, I have met many traditional families that have moved from large cities to suburbs or ever exurbs where their values predominate.

Closing thoughts: One important underlying element in the debate on gay marriage is that its acceptance would be a cause or perhaps more accurately, a symptom of the final divorce of western values and laws from their Judeo-Christian foundation. Regardless of your opinion of Judaism or Christianity, it is a fact that they have been a core element of western civilization for nearly 2,000 years. And more importantly, for all the flaws that they may have, I do not see any viable alternatives.

I am extremely skeptical about the chances for success of a society with no shared, transcendental values other than tolerance, relativism and radical individualism. I am skeptical of the power of reason and individual philosophy to fill the moral and spiritual vacuum that "enlightened" individuals experience when shared religion and traditions disappear. Prosperous, educated individuals and communities may be able to use reason to forge a semblance of peace in this vacuum. But, the destination for the most individuals and communities who have left St. Peter (tradition), but do not have the means or desire to find Plato (reason) is disaster.

Thursday, April 16, 2009

A State of Awakening?


One of Obama's accomplishments may be to re-awaken the state's sovereignty movement.

In the mind of most "progressives" this holds negative connotations, because it was the banner that some southern states used to wrongly oppress the civil rights of its citizens. But, this time the proponents of state's rights are expressing legitimate constitutional as well as fiscal concerns. They are correct that the federal government has overstepped constitutional boundaries and is pushing our national closer to insolvency. And if anything, the greatest threat to civil rights now comes from the federal government via wiretapping and an overzealous department of homeland security.

States rebel against Washington



The pushback against federal power began under Bush, but may now be accelerating.

By Patrik Jonsson Staff writer of The Christian Science Monitor
from the March 27, 2009 edition

Atlanta - There's an old joke in South Carolina: Confederate President Jefferson Davis may have surrendered at the Burt-Stark mansion in Abbeville, S.C., in 1865, but the people of state Rep. Michael Pitts's district never did.

With revolutionary die-hards behind him, Mr. Pitts has fired a warning shot across the bow of the Washington establishment. As the writer of one of 28 state "sovereignty bills" – one even calls for outright dissolution of the Union if Washington doesn't rein itself in – Pitts is at the forefront of a states' rights revival, reasserting their say on everything from stem cell research to the Second Amendment.

"Washington can be a bully, but there's evidence right now that there are people willing to resist our bully," said Pitts, by phone from the state capitol of Columbia.

Just as California under President Bush asserted itself on issues ranging from gun control to medical marijuana, a motley cohort of states – from South Carolina to New Hampshire, from Washington State to Oklahoma – are presenting a foil for President Obama's national ambitions. And they're laying the groundwork for a political standoff over the 10th Amendment, which cedes all power not granted to Washington to the people.

The movement's success will largely depend on whether Washington sees these legislative insurgents as serious – or, as Pitts puts it, as just "a bunch of rednecks."

"There's a lot of frustration when someone quite distant from you forces you to do something you don't want to do," says Steve Smith, director of the Weidenbaum Center on the Economy, Government and Public Policy at Washington University in D.C. "That's the root cause, and it ends up being rationalized in constitutional terms."

Resurgent states

The reversal of the federal stem cell research ban, a stimulus package widely seen as a backdoor grasp for more federal power, and fears about gun control have accelerated a state sovereignty movement that began taking shape under the Bush administration. In the past, both liberals and conservatives have used states' rights arguments for political expedience. That may be the case now as ousted conservatives try to force issues out of Washington and into states, where they have a better chance of winning them.

"Where power resides and who gets to do what – there's been an ongoing interpretation of that through our history," says Idaho State Rep. George Sayler of Coeur d'Alene, who voted against a states' rights bill that passed recently in the Gem State. "Sometimes the federal government asserts a stronger role, and it looks now like we might be getting into a period where the states" push for more power.

Some examples:

•The Idaho House began considering Wednesday a law against introducing "vicious animals" into the state – a direct rebuttal of the federal wolf reintroduction program.

•Montana and Tennessee have introduced proposals to expand gun rights. Tennessee State Sen. Doug Jackson says his bill to ban proposed federal "microstamping" of ammunition could spark a movement. "The trampling on our rights to possess firearms is symbolic of a power grab by the federal government on a much larger scale," said Senator Jackson, by phone from Nashville.

•Oklahoma and Georgia are both considering limits on stem cell research in response to Mr. Obama's reversal of the federal stem cell ban.

It's the flip side of the Bush era when several Northeastern states allowed such research despite the federal ban.

The status of "state sovereignty" resolutions are largely up in the air, with a few passed, some moving through committee, and some voted down. New Hampshire's resolution, the only one with a "nullification" of the Union clause, was voted down largely along partisan lines.

A response to federal expansion

Although the idea of states' rights took hold in the run-up to the Civil War in order for the South to preserve, among other things, the institution of slavery, today's debates are really about whether there's any power left for the states to carve out of the Constitution.

"If you set up the principle where the federal government can do everything, then, yes, eventually they will do everything. If not, where's the line they can't cross?" says Michael Boldin, president of the Tenth Amendment Center in Los Angeles. "That's the Constitution, I believe."
The courts mainly stood by as federal power expanded by great leaps in the 1930s and the 1960s. There's been another burst of federal expansion in the 2000s, including Mr. Bush's USA Patriot Act and Obama's proposed overhaul of banking regulations.

The fact is, "there's no longer any effective limitations on federal power," says Randy Barnett, a Georgetown law professor who argued for California's medical marijuana law in front of the Supreme Court.

Yet the state sovereignty movement is by no means frivolous and could have significant political firepower. The medical marijuana case in California, for instance, showed that Washington can be forced to scale back its ambitions in the face of populist sentiment.

And although Pitts hails from Abbeville, the place where the South's first secession votes were cast, he insists that today's efforts to check federal power aren't limited to regional pockets or even political affiliation. "The mainstream media would portray some of us as rednecks, whether we're from Pennsylvania, Oregon, or South Carolina," says Pitts. "But this is a wake-up call. And if Washington doesn't heed that wake-up call, revolution is on the horizon."

http://www.csmonitor.com/2009/0327/p02s01-usgn.html

Tuesday, April 14, 2009

Go Texas Go!


Click on the link to view Texas Governor Rick Perry's press conference:


AUSTIN – Gov. Rick Perry today joined state Rep. Brandon Creighton and sponsors of House Concurrent Resolution (HCR) 50 in support of states’ rights under the 10th Amendment to the U.S. Constitution.

“I believe that our federal government has become oppressive in its size, its intrusion into the lives of our citizens, and its interference with the affairs of our state,” Gov. Perry said. “That is why I am here today to express my unwavering support for efforts all across our country to reaffirm the states’ rights affirmed by the Tenth Amendment to the U.S. Constitution. I believe that returning to the letter and spirit of the U.S. Constitution and its essential 10th Amendment will free our state from undue regulations, and ultimately strengthen our Union.”

A number of recent federal proposals are not within the scope of the federal government’s constitutionally designated powers and impede the states’ right to govern themselves. HCR 50 affirms that Texas claims sovereignty under the 10th Amendment over all powers not otherwise granted to the federal government.

It also designates that all compulsory federal legislation that requires states to comply under threat of civil or criminal penalties, or that requires states to pass legislation or lose federal funding, be prohibited or repealed.

HCR 50 is authored by Representatives Brandon Creighton, Leo Berman, Bryan Hughes, Dan Gattis and Ryan Guillen.

To view the full text of the resolution, please visit:


Thursday, February 26, 2009

The 10th Amendment (of that pesky constitution)


A common misconception about conservatives is that their reservations against federal government intervention stems from a general antipathy towards government.

The reality is that most conservatives are opposed to the federal government overstepping its constitutional boundaries, especially when it impinges on self government by local communities and states. This is seen in the 10th amendment of the constitution, which states:

"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."

In this amendment we see that one of the main concerns of the founding fathers was guarding against tyranny of an overly active federal government. This is also the driving force behind the reservation of some governors against accepting funds from Obama's "stimulus plan."

Republican governors, such as Bobby Jindal (R-LA), as well as some democrat governors, like John Lynch of New Hampshire and Phil Bredesen of Tennessee are declining some or all of the federal funds because of provisions attached in which the federal government mandates that they expand and alter state and local laws. Not only is the constitutionality of this highly questionable, but it is also fiscally unsound, because federal funding would expire after two years, leaving the states with the burden of added entitlements without federal aid.

Rarely, if ever do we see an acknowledgement of the wisdom of the founding fathers who sought to guard against tyranny via clear and defined limitations on the size and scope of the federal government. Most "progressives" have shown indifference or even hostility to the fundamental American principles of limited government. From FDR to Obama "progressives" seem to view that "pesky constitution" as an impediment to their dream of expanding the size and scope of the federal government.

And as I read the following quote from Thomas Jefferson, I am quite certain that the constitution was written to guard against the power and ambition of politicians like Obama:

"Government big enough to supply everything you need is big enough to take everything you have ...The course of history shows that as a government grows, liberty decreases.

http://www.foxnews.com/story/0,2933,500785,00.html

http://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

http://www.freerepublic.com/focus/f-news/2190174/posts