Federalism v. states’ rights…
Tuesday, April 18th, 2017Over two hundred years ago, the country was in a crisis. States, mostly the old British colonies, had too much power under the old Articles of Confederation. A new Constitution was written that weakened states’ rights, establishing that in most cases that federal laws and regulations must be obeyed by the states. There have been pitched battles about states’ rights ever since, most notably during the Civil War. That racism and bigotry still exists in spite of the that war and the federal Civil Rights Act a century later, as well as the dilution of other rights, shows that the federal government still has a hard time enforcing a moral high ground…if that’s what it wants to do.
The Trump administration is trying to stand states’ rights on its head, pushing many federally mandated policy decisions back to the states as a way of washing their hands of the problem. From allowing insurance companies to charge more for elders and pre-existing conditions in the healthcare debate (Trump made a campaign promise not to do the latter) to pushing gun-carrying reciprocity (a person carrying a concealed weapon in a southern state will be able to do so in New York and California and other states with more reasonable and tougher gun laws), states’ rights have become a matter of convenience for Trump and his minions to carry out their fascist agendas.
These battles will probably be carried out in the courts where the Trump administration is trying to put extreme right-wing judges on the bench to eliminate one of the last dams protecting the citizenry against his fascist flood. I can just see California and other states with strong laws to protect the environment having to fight the U.S. Justice Department as it defends Trump’s program to eliminate environmental regulations and controls. The dizzying attacks on moral legal traditions use both states’ rights and federal oversight as a double-edged sword to chop down the progressive majority in this country and its insistence for a morally responsible government. Federally funded abortions were outlawed some years ago, but that didn’t stop Trump et al from defunding Planned Parenthood, for example, for the simple reason that they still perform abortions. At best Trump and his minions are motivated by vying for unfettered capitalism; at worst these are nefarious fascist plots to assume autocratic power in a nation that, as tarnished as it’s become, has stood for moral correctness in an often morally incorrect world.