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Demosthenes's avatar

Which rights/freedoms should be up to the states to decide and which should be determined at the federal level?

Asked by Demosthenes (14922points) June 25th, 2022

Should there be a federal law banning abortion or legalizing same-sex marriage? What would stop states from citing the 10th amendment and not enforcing such laws?

If SCOTUS decisions like Obergefell and Roe are “overreach”, then the alternative is a federal law (which states could refuse to enforce and could also be seen as overreach) or a constitutional amendment (nearly impossible to pass—hence the point, I guess).

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8 Answers

kritiper's avatar

All rights and freedoms should be granted by the federal government and nationally uniform.

seawulf575's avatar

Per the Constitution, those rights not enumerated to the federal government fall to the states. There have been some back and forths about what is enumerated. Gay marriage is a perfect example.

The Constitution talks nothing about marriage specifically. What it does talk about is that states are not allowed to pass laws that restrict or remove rights from for US citizens based on specific aspects of those people such as race or religion. So gay marriage can be seen as falling into this. But that is really not a standard, it is a rarity. As our world changes, other things could be seen as falling into this that never were before.

In general, things that involve interstate transportation and trade fall under the federal government to oversee. Protection of the country (keeping a military) falls to the federal government. Guaranteeing free speech, freedom of religion, right to bear arms, and a right to a fair trial are federal rights. There are a few others.

HP's avatar

States Rights arguments are bullshit If you are going to defend the proposition of a UNITED states. And the flaws in the reasoning jump out immediately. From abortion to gun control, it is obvious that no state is immune from the consequences of the rules governing the others. You are never going to stop the flood of guns into the ghettos of Chicago or New York, if you can grab one in any Walmart in Texas. And by the same token, outlawing abortion in Texas is only more inconvenient or impossible (as usual) for the desperately poor.

JLeslie's avatar

States’ Rights has been the excuse of the confederacy going back to slavery, continued with segregations, and gay rights, and is happening now.

Here’s the thing, imagine if the Supreme Court decided abortion is illegal, or I guess they aren’t supposed to be able to make laws, but let’s say Congress makes it illegal and the president signs off on it? That would mean all states would have to abide by the decision, so then in that case the tendency of the religious right wanting autonomy for each state might be arguably better.

Generally, I think anything having to do with civil rights and equality should be decided at the federal level, because it’s crazy to think it’s ok for a person to have less civil rights from one state to another.

State policy can be a way to try innovative ideas. If it works well in one state, other states can adopt the initiative. Trying something new in K-12 education, new healthcare policy, tax policies, are just some examples.

seawulf575's avatar

States Rights is the basis of our country. We are 50 sovereign states in a union. We are NOT 1 country with 50 sections. Go back and look at the Constitution if you doubt me. This One Central Government argument is bullshit created by those that either are too ignorant to know better or that want to change the basis for the country so you can put everything in one central government.

Our country is set up this way to make it easier for the people to maintain the power and to control those things that are important to you. Look at how government is layered above you. Your local government is just that…local. The politicians are easier to meet, easier to deal with, easier to vote out of office. These politicians deal with issues of immediate impact to you. The state government is a little more removed but still relatively easy to interact the politicians. And the politicians are dealing with matters that directly affect the state. The federal government is now a couple layers away. Interacting with your politicians is not as easy. All the decisions they make are based on some odd consensus of politicians from all 50 states. Corruption is far easier to get away with. If you put ALL political power there, you are effectively removing yourself from any meaningful control, you are installing masters over yourself and making yourself the recipients of whatever games they want to play and you will have no recourse.

HP's avatar

Ignorance would define an individual who believes folks in the national spotlight more susceptible to corruption than their small time local counterparts. While it is indeed true that corruption is everywhere, it is understandable that it is more often than not that it falls upon the Federal government to defend the local rubes and hillbillies screaming states rights (as they cash their social security checks) from those preying on their ignorance and gullibilty. Those folks howling for states rights are always the dupes living in 3rd world places, taking up the cry of the people who in fact exploit the shit out of their poverty stricken selves. States rights have in fact REMOVED them from any chance of advancing their economic interests. And they haven’t got a clue. Just take a gander at the places championing the cry.

JLeslie's avatar

The politicians mostly don’t care, they just use it as an effective wedge issue.

seawulf575's avatar

Ignorance would believe that getting rid of corruption 3 levels above themselves is somehow easier than 1 or 2 levels above themselves. But then what do you expect? Look at the places that are screaming for the one government, no states rights. They are falling into lawless cesspits.

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