Why doesn't the federal government intervene when state defy its authority?

Question

For example, Hall County, Georgia, forbids the sale of Playboy in violation of the First Amendment.

Answer 1

It's something we like to call States' Rights here in the south. Also, your Constitutional rights are not being violated if they do not sell Playboy, if they didn't allow you to read Playboy, or they disallowed you from talking about sex, it would be a violation. The sale of pornographic materials is governed by separate US and state laws.

Answer 2

This little glitch in constitutional law has been around since the founding of our nation. Benjamin Franklin was a printer, and known to be a rowdy individual. Some historians will admit privately that Franklin may have printed what would pass for pornography in his day. The last think anyone in power wanted was to let Franklin and others publish something that may be offensive.

Thus the standard has been established that we DO have freedom of the press in the United States. Rarely have authorities ever raided a printer unless there was counterfiting or some kind of copyright violation involved. So we can print what we want. However the courts have told us time and again that we may not have the right to distribute or read what has been printed.

The "wear 'em down" principle works well in Georgia and other states. How many convenience store owners have enough money to carry a First Amendment case all the way to the Suupreme Court? Even the A. C. L. U. has just about given up in this area. It's not likely that the National Guard is going to stand in front of magazine stands to keep the local Sherriff from yanking out publications he finds offensive.

All you can do is wait until the next election, and look for a candidate who is more willing to protect the Constitution and Bill of Rights.

I think we need a new Amendment to the Constitution. It should inserted as number XI.

Amendment XI

"We mean it. Damnit !"

http://www.hendrixcampaign.com

Answer 3

As to the executive branch, the U.S. Attorney's Office for whichever part of Georgia contains Hall County has more important things to do than make sure that Playboy is available.

As to the judicial branch, the judicial branch does not initiate cases. If you think the Hall County ordinance violates your First Amendment rights (which it may or may not), you are quite capable of hiring an attorney to file a lawsuit in federal court challenging the ordinance.

Answer 4

The federal govornment allows each state to make its own laws. This is why each state has different tax rates, and why every state is voting for different things during elections. When the founding fathers wrote the constitution, they made it so the states were each their own seperate govornments, though each state has to follow the constitution, this is why the federal govornment has disallowed so many states from allowing gay marriage, because it is so far being defined as unconstitutional, but the states rulings put it into effect for awhile. My town, for instance, does not allow dancing within the city limits, yeah weird, I know. The federal govornment can't do anything about that either.

Answer 5

there is meant to be a separation between the federal government and state or local governments and matters such as that should be voted upon and decided by people of that area.
the government does too often interfere with state laws to the extent that people in at least two states are considering leaving the United States and forming an independent nation and more states are watching to see how successful that may or may not be.

Answer 6

9th or 10th amendment I believe.