They were meant to be an equitable arbitrator between the states.
They can certainly decide a fair compromise for this situation.
I'd rather just streamline the process and regulate the environment in the first place, instead of trying to micromanage every single incident of interstate environmental damage in the country and trying to assess a monetary value to it.
Harry Guerrilla said:
Of course they did, that's why they left many portions of The Constitution broad like the interstate commerce clause.
It's not called the "Moving stuff with sailboats and horse & buggy clause" now is it.
And yet if I were to suggest some equally plausible applications of the interstate commerce clause, would I be correct if I guessed that you'd criticize me for judicial activism or changing the meaning of the Constitution?
Harry Guerrilla said:
Yea and what prevents them acting as arbitrators between two states wanting to build such a system?
Nothing. Except our interstate highway system covers 48 states, not 2 states.
Harry Guerrilla said:
What about how the interstate highway helped destroy more economical public transit systems?
Ohh I know, the Feds always know best.
In this case, they clearly do. We have the best highway system in the world.
Harry Guerrilla said:
And yet counties do it all the time.
If I own a radio station in Arlington, VA and someone in Bethesda, MD decides to broadcast on the same frequency (and we both have the approval of our respective states), the result is that no one hears anything other than noise.
If I host a music piracy website in Delaware (where, suppose, it isn't illegal) can a record company in California sue me?
We need the federal government, not the states, to set these kind of standards.
Harry Guerrilla said:
Health insurance doesn't need to exist, for further study you can ask the Amish why they live the same average life span as regular Americans do, without insurance.
Faulty comparison. Unless you think you can get most Americans on board with adopting an Amish lifestyle, the more accurate comparison would be Americans with health insurance versus Americans without health insurance.
Harry Guerrilla said:
On top of that though, insurance is already covered under contract law.
I'm not talking about enforcing the contracts, I'm talking about the systemic market failure that occurs when you have a patchwork system of insurers and providers that are incompatible with one another and no one willing to coordinate anything among them.
Harry Guerrilla said:
Yea technology changed but human behavior hasn't.
Human behavior has changed as a result of technology. Most of us aren't farmers. Most of us don't have 10+ children. Most of us have at least finished high school, if not college. Most of us live well into our 70s. Most of us have ventured more than 20 miles from our home at some point in our lives. Etc, etc.
Harry Guerrilla said:
The construction of our government was based on how humans interact with each other and how they need to be limited from exploiting individuals through the use of government.
And what makes you think that those human interactions are the same now as they were 200 years ago? People do NOT interact with each other in the same manner. 200 years ago it was considered dishonorable to have debt; now we can hardly live without it. 200 years ago dueling was the preferred method of settling a dispute; today lawsuits are. 200 years ago employers would have been horrified at "intruding" into their workers lives by making sure they earned a living wage; today companies are vilified for NOT doing this.
Times change, technology changes, people change, human interactions change, and governments need to change.
Harry Guerrilla said:
You don't have to believe in a "living" constitution to see that many things were left purposefully broad, to cover unforeseen changes in technology.
Right to bear arms, not flintlock muskets.
Interstate commerce, not sailboat and horse & buggy travel between states.
Freedom of speech, not freedom to only talk and write.
See the trend that it follows?
Where the Founding Fathers really fell short (as the Constitution applies today) are in the following areas:
1. Human rights
2. The scope of congressional power
3. The scope of presidential power
4. The constitutional amendment process itself
#2 and #3 need to continually change as society changes and government must regulate new industries and/or solve crises in old ones, in order to keep up with the times. And #4 needs to change because the Founding Fathers grossly miscalculated how difficult it would be to amend the Constitution. I can't for one minute believe that any of them would have expected us to only amend their document 17 times in over 200 years.
Harry Guerrilla said:
Your state has the right to regulate pollution to it's hearts content.
That doesn't work so well anymore, since pollution has unintended consequences that are difficult to measure but reverberate across state lines.