Is it just a states rights issue, only when YOUR politcal and life style beliefs are at stake?

Question

And then its the Big Bad old governments decision, when ALL people are affected

Answer 1

Most so-called "state's rights" issues are anything but. Individual rights or the rights of a individual groups should never be put up for a vote. The notion, for example, that legal recognition of gay relationships (so-called gay marriage) is a state's rights issues is just a way for politicians to cop out on taking a position. Imagine if Jews proposed a ban on the consumption of pork and politicians called it a state's rights issue.

Answer 2

The federalism established by the Constitution is pretty clear on what is and what isn't within the purview of the federal government.

Unfortunately, when the marxist populism in the early 1900s led to the 17th Amendment, one of the strongest preventions against federal government growth - active participation of the state governments in the legislature - was removed, and all hell has broken loose since.

It is a states rights issue when it involves the federal government acting contrary to the Constitution and assuming powers and authority that were not given to it.

Answer 3

Let's face it. The Constitution has been bastardized so much in the area of States' rights that it seems ridiculous to even talk about it. Things like energy, education, etc., that are not mentioned in the Constitution should be reserved to the States.

Unfortuantely, the Federal government has done an end-around on these by claiming the "Necessary and Proper" clause. Most of these are a stretch in my opinion, and should be revisited. However, most of them are so entrenched that it seems unlikely that they will ever be revisited.

Answer 4

Apparently. The federal government can't impose regulations you don't like. But you can use the federal government to try and bring a constitutional ban to abortion or gay marriage if that offends you. Where do this people get off negating the states the right to choose what their laws should be?

Answer 5

Of course, both parties are all for state rights when it suits their purpose and against state rights when it suits their purpose.

Examples:

Abortion and medical marijuana.

Republicans support State rights for abortion
Republicans are against State Rights for medical marijuana

Democrats support State rights for medical marijuana
Democrats are against State Rights for abortions.

That's just a quick two issues, there are many more.

Answer 6

Neo Pirate....great name!

The Constitution clearly lists the issues that fall under federal jurisdiction, EVERYTHING else falls under the jurisdiction of the states. The only way the federal government can legally ban drugs, alcohol, abortion, etc. is by amending the US Constitution. That is why the debate over medical marijuana is so heated. The feds can outlaw the interstate travel and importation of drugs, but they cannot legally ban the use and growth of the drug in the US. Here is what the federal government has jurisdiction over according to the Constitution:

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

To borrow money on the credit of the United States;

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

To provide for the punishment of counterfeiting the securities and current coin of the United States;

To establish post offices and post roads;

To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;

To constitute tribunals inferior to the Supreme Court;

To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;

To provide and maintain a navy;

To make rules for the government and regulation of the land and naval forces;

To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;

To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;

To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Answer 7

There's always different laws at the state level, unless it is a Federal Law (i.e. speed limits on highways, etc.)

Answer 8

"The sky is falling" Syndrome. 99% of people have it and only about 1% realize it.

Answer 9

not sure I follow. I don't feel represented by government, if that is what you mean.