View Poll Results: State's Rights

Voters
41. You may not vote on this poll
  • Yes - full state autonomy.

    8 19.51%
  • Yes - most laws decided at state level

    21 51.22%
  • Neutral - leave as-is, nothing is wrong with system.

    9 21.95%
  • No - most laws decided at federal level.

    14 34.15%
  • No - all laws decided at federal level.

    9 21.95%
  • Other - explain please.

    16 39.02%
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Thread: State's rights (question specific for the USA, I think)?

  1. #31
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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by The Mark View Post
    There are multiple ways in which the constitution has and will be interpreted.

    Some include the thought that unless an action is authorized specifically in the constitution, the federal gov is not allowed to get involved.

    Some tend towards the opposite - that if an action is not specifically prohibited, it's allowed.

    Even specific clauses have different interpretations depending on who you ask - like the 2nd Amendment for example.
    This isn't about interpretation.. This is about where it applies or doesn't apply.. Not everything has to be mentioned in the constitution for it to apply.. Those that claim it does are simply a little short on brains.. You have the right to bare arms.. That does not mean that everyone has a right to a nuke silo in their back yard.. Nor does it mean they should have automatic weapons or assult rifles.. Should the constitution actually list every type of weapon past, present, and future that people are allowed to have?? Can common sense prevail here?? The first amendment implies a seperating of church and state.. Do we really need the words to know that it is there?? The 14th amendment guarantees everyone equal protection under the law.. Even homosexuals.. So why can't they get married?? Does not marriage law count as a law?? Does not the 1st amendment limit the discussion to non religous arguements??

    The problem that conservatives have is that they want to use the arguement that, if it isn't specifically there then it must be ok to simply violate the constitution.. The constitution is a living document and is written in such a way that implication is very important.. At the time of the writing of the 2nd amendment.. Single shot muskets rifles were the weapon of the day.. So there is no arguement by your terms to make the claim that pistols, assult rifles or anything that isn't a single shot musket are included in the constitution.. Conservatives will use that logic in attempt to limit the power of the government.. See the Obama health plan.. Then deny that very arguement when applied to the 2nd amendment..

    There really isn't a difference of interpretation.. Just a difference on how you want to twist what it says for your own cause..

    Gay marriage is legal nationwide.. The 1st amendment denies the religous their right to force their views onto others.. The 14th amendment applies all laws equally to everyone.. Which includes marriage laws.. There is no arguement.. There is no debate.. As it is all written, that is all fact.. Now convince the religous that their views don't matter?? Like I said.. Twist it as much as they can for their own cause or purpose..

    Gun rights.. Same thing.. While the constitution doesn't say what kind of arms a civilian may keep.. There is no logical way to make the assumption that assult rifiles or any other automatic or semiautomatic weapon is included.. Despite what the NRA says, they don't have any constitutional basis for their claims.. The single shot musket was the weapon of the day.. There is the weapon you have right to bare.. I am sure many will argue with that logic..

    Is that the same logic to say that the mandate is illegal because the constitution doesn't say the government has that power?? So which is it?? If the constitution doesn't say something it is legal when it comes to guns and illegal when it comes to the mandate?? Talk about hypocritical..

  2. #32
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    Re: State's rights (question specific for the USA, I think)?

    We need to use common sense to interpret the constitution. If we read it like The Bible we are going to find ourselves without many of the privileges we enjoy as American citizens. We should do what is in the greatest benefit of the American people.

  3. #33
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    Re: State's rights (question specific for the USA, I think)?

    I think issues should be looked at individually as to whether they should be legislated on a state or federal level. Some things which are currently dealt with on a federal level I think should be dealt with by the states, and others which are currently dealt with by the states should be dealt with by the federal government.
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  4. #34
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    Re: State's rights (question specific for the USA, I think)?

    One would have to read the US Constitution and they would see that it has already been decided. Anything not addressed in the Constitution is left to the states. When the Federal Gov makes laws that are not within their area they are stepping on State's rates to govern. So things such as abortion and marriage are state issues since there is no amendment to take that right away from the states.

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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by DemonMyst View Post
    Now that is a dumb statement.. The constitution is the law of the land.. Exectly where doesn't the constitution apply?? Where exactly doesn't the constitution authorize it's application??
    He means in terms of powers granted to the Fed Gvmnt by the Constitution.
    For instance, the word "education" is found nowhere in the Constitution; as such, the Fed Gvmnt has no power to make law regarding education.

    Perhaps you should should conssider what someone might mean before jumping all over them and making yourself look like an Obama. Just a thought.

  6. #36
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    Re: State's rights (question specific for the USA, I think)?

    I would support more power to states and more state autonomy. America is a very large nation with a diverse political scene. I think it would be better for states to be the primary law makers with a weaker federal government that mainly handles foreign affairs and national defense. I think most social programs should be run and funded by states. National healthcare in a nation of 300+ million people would be extremely hard to manage. It would be better for states to establish their own healthcare systems (like MA). I believe it would also be able to be managed better.

    Issues like gay marriage are also states rights issues. States issue the marriage license, so it's their issue and not the feds.

    I think abortion should be a federal issue.
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  7. #37
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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by U.S. Socialist. View Post
    You know what I've never understood. A lot of proponents of the states rights argument argue that the states and local government are more responsive to the people and less likely to abuse their power. However, history shows otherwise. Segregation was endorsed by several southern states and had to be broken by the hammer of federal power.

    Also a lot of state and local laws that have conflicted with the Bill of Rights have been overturned via the 14th Amendment and the doctrine of Incorporation. Prior to 1890s states and local governments could limit the rights guaranteed you by the Bill of Rights because it only applied to the federal government, however that has changed due to Incorporation.

    The most recent example, which conservatives should like, is McDonald Vs. Chicago where the City tried to outlaw gun ownership and the Supreme Court though the due process clause of the 14th Amendment stuck that law down.

    I do think there should be a balance, I mainly wanted to address the ideal that state and local governments are "good" or "not corrupt" and the federal government is "bad' and 'corrupt" and useless.
    What does the 14th Amendment have to do with gun control?
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  8. #38
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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by American View Post
    What does the 14th Amendment have to do with gun control?
    Really? The 14th amendment has something to do with all of the first ten amendments or the bill of rights. If you do not know that, then you are in need of some education before wading into discussions on the constitution.

  9. #39
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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by U.S. Socialist. View Post
    You know what I've never understood. A lot of proponents of the states rights argument argue that the states and local government are more responsive to the people and less likely to abuse their power. However, history shows otherwise. Segregation was endorsed by several southern states and had to be broken by the hammer of federal power.

    Also a lot of state and local laws that have conflicted with the Bill of Rights have been overturned via the 14th Amendment and the doctrine of Incorporation. Prior to 1890s states and local governments could limit the rights guaranteed you by the Bill of Rights because it only applied to the federal government, however that has changed due to Incorporation.

    The most recent example, which conservatives should like, is McDonald Vs. Chicago where the City tried to outlaw gun ownership and the Supreme Court though the due process clause of the 14th Amendment stuck that law down.

    I do think there should be a balance, I mainly wanted to address the ideal that state and local governments are "good" or "not corrupt" and the federal government is "bad' and 'corrupt" and useless.
    This is pretty much a strawman. A few idiot conservatives may argue something similar to your strawman, but you are just picking on the weakest arguments, which is rather pathetic.

  10. #40
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    Re: State's rights (question specific for the USA, I think)?

    Quote Originally Posted by American View Post
    What does the 14th Amendment have to do with gun control?
    It applies the 2nd amendment to the actions of the states.

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