Selective States' Rights

Since the beginning of our country, there has been a debate about state's rights. Who is in charge of what? Does it fall under the federal government's jurisdiction or is it up to the individual states? Many of the Supreme Court cases and decisions deal with this division of power. Also, like almost everything else, the pendulum of popular sentiment and court decisions sways back and forth between the national and state governments.

The cornerstone of the debate is laid out in the tenth amendment of the US Constitution. 

Like most of our constitution, the tenth amendment is open to interpretation and boy has it been interpreted. We all have selective states' rights opinions. If states are doing something we don't agree with, we think the federal government should rectify the wrong. If the federal laws or policies are not to our liking, we believe our individual state should have control over that issue. It has been, is, and will be an ongoing issue. 

As we transition into the Trump era, this debate will intensify. We are going from a more liberal Democratic administration to a more conservative Republican administration. In general, Democrats lean more toward federal control and Republicans favor state control. These tendencies are by no means absolute or even consistent. Some examples would be Republicans generally believe access to abortions should be regulated by the states while Democrats believe the federal government should regulate consistent laws throughout the nation. On the other hand, many Republicans think drug laws are a federal responsibility but Democrats think states should have the right to at least legalize marijuana. A current dispute between cities and states and feds involves sanctuary cities/states. The new president and most Republicans think that federal immigration laws should all be vigorously enforced by local law enforcement agencies. Many cities and Democrats think this is a local matter. Here in Texas, we have a rift between our Republican governor, lieutenant governor and Republican controlled legislature and individual cities and counties. Texas is one of those states that raises hell whenever they think the federal government is infringing on states right. At the same time, the state government has no qualms about dictating to local governments. 

The reality is that if you think the federal laws, policies, and enforcement on an issue are in sync with your beliefs then that is just fine. If they are in opposition to your preferences then you want your state to be in control, provided your state government is more in sync with your beliefs. And of course, it works in the opposite way too. 

So, what changes can we expect in the near term with a new administration? More of the same. They will not hesitate to advocate federal laws and policies when it suits their purpose and views. They will also advocate states rights when the current federal laws and judicial rulings don't line up with what they want. 

A perfect example of the contradictions and hypocrisy happened the week of February 19, 2017. On Wednesday, Trump signed an executive order rescinding an Obama order protecting transgender students. Trump said the restroom issue should be decided by the states. On Thursday, he directed federal law enforcement agencies to enforce federal marijuana laws even when they were in conflict with more lenient state and local laws. It should be obvious that the current administration is against transgender bathroom equality and also against the use of marijuana. Please, do not smoke a joint in the wrong bathroom. That would probably draw a life sentence or the death penalty.

The one thing we can be sure of is that things will change. Some things now under federal control will revert to the states. Just like some things now done by the states will be taken over by the feds. The changes will come about by executive orders and policies, state and federal legislation, and court decisions. These forces are rarely in agreement.

The ability to write and enforce the laws gives a government entity power. We all know politicians want power and the purse strings. So, the tug-of-war will continue. 

Where do you stand on states rights? Like me, I'm sure it depends on the specific issue.

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