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This is the way the American system works and on the whole it allows different places to have laws that reflect different groups of people. If you waited for f
by ipaddr 5y ago
This is the way the American system works and on the whole it allows different places to have laws that reflect different groups of people.
If you waited for federal interests to align weed would still be illegal and probably never get legalized or only much later. Same with Gay marriage.
You also have the issue with if the fed is making all of the rules are they going to send money to cover those additional costs or provide the services themselves if they don't it puts poor/rich states on different footings. You would need to look at equalization payments.
Canada does a version of equalization but in reality one or two Provinces cover the costs for the rest. If another Province has a good year they lobby to change the formula to exclude that income. How would that work for the US? New York, California basically give 500 million a year to mostly poor red states to pay for services? I can't see that working well.. because if the next group in Washington starts enacting hard right laws (everyone gets a free gun) California has no power to enact different laws and they have to pay for everyone's guns.
The other problem is companies would leave California and move to a poor state with better company tax laws and services.
- syki 5y agoIt’s not how the system has worked for the past 150 years or so. Rights recognized by the Supreme Court have been inviolable as far as I know. I can’t think of an instance in which the Supreme Court said you have the right to X while not immediately striking down a law that effectively violates that right. I’m not a legal scholar so I could be wrong. There are variations amongst the laws of the states but federal laws and federal rights generally take precedence over an individual state’s desires. There are exceptions but generally this is true. Louisiana wanted to have 18 be the legal drinking age but the federal law that tied highway funding to making the legal age 21 effectively killed this desire by Louisiana and Scalia and others on the Supreme Court allowed this happen. It’s all a delicate balancing act between federal interest, states interests, and peoples’ rights. The Court is upsetting the balance that had been achieved and a new equilibrium will occur.