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> Yes, but also we've eroded state and city rights in favor of federalism and standardization in the US as well. It's arguable that many steps in that direction
by AnthonyMouse 1y ago
> Yes, but also we've eroded state and city rights in favor of federalism and standardization in the US as well. It's arguable that many steps in that direction have been for the better, but the consequence still remains that we've eroded the power of smaller organizations as a result.
Oh, that one is easy. The original US constitution gave the federal government the right to preempt state laws in matters within its enumerated powers, but placed strict limits on what those powers are, and created a check against federal overreach by creating the US Senate, which originally had its members elected by state legislatures who would thereby send Senators disinclined to let the federal government usurp their powers.
Then populists amended the constitution to cause US Senators to be directly elected, and since US Supreme Court Justices are confirmed by the Senate, that in turn allowed them to replace the Justices with ones who would do things like read the inter-state commerce clause as covering non-commerce happening entirely within a single state.
Having eliminated any meaningful constitutional restrictions on federal power, federal officials were then captured by large corporations to enact federal regulations that only those large corporations can comply with, and to erode any federal constraints on corporate mergers while still preempting the states from imposing them either.
You can't give the central government the authority to do something and then expect them not to. If you don't want them to do something, you need something actively constraining them from doing it. Which was the US Senate until it wasn't.
- Eisenstein 1y agoI am not criticizing your historical explanation or your comment, but I would like to make a footnote: Sometimes narratives like these which lay out a simple cause-and-effect between political decisions and modern outcomes can make people think that reverting the situation is a solution to modern outcomes, but that is rarely the case. Everything evolves, and the solution to modern problems is to find a solution that works within modern constraints.
- AnthonyMouse 1y agoThere is more than one possible structure to sustain an active constraint against power grabs, to be sure. But a Senate elected by the state governments was effective in doing it for as long as it was in place. There are other things that could work instead, but sometimes the old thing only stopped working because it stopped happening. And either way you would still need the something else to be used instead rather than continuing the status quo which is objectively not achieving the intended purpose.
- Eisenstein 1y agoYou have done nothing to demonstrate any of those claims, though. Make your case without the appeal to history to make it valid.
- AnthonyMouse 1y agoIt's an empirical fact that in all the years from the founding to the passage of the 17th Amendment the US federal government was much smaller than it quickly became in the years following its passage, so all of the available evidence is consistent with the theory. Moreover, the mechanism of operation makes logical sense. Senators want to keep their seats and state legislators don't want to have their own regulations preempted by federal laws unnecessarily and don't want excessive federal spending because money collected in federal taxes can't be collected in state taxes and taxpayers have a threshold level of total taxation they're willing to put up with So I'm not sure what you're asking for other than logic and evidence.
- Eisenstein 1y ago> It's an empirical fact that in all the years from the founding to the passage of the 17th Amendment the US federal government was much smaller than it quickly became in the years following its passage, so all of the available evidence is consistent with the theory. This is appeal to history. We don't know if repealing the 17th Amendment would do anything at all like what happened 300 years ago. > Moreover, the mechanism of operation makes logical sense. Senators want to keep their seats and state legislators don't want to have their own regulations preempted by federal laws unnecessarily and don't want excessive federal spending because money collected in federal taxes can't be collected in state taxes and taxpayers have a threshold level of total taxation they're willing to put up with You are assuming a whole lot in that logic. 1. That state legislators wouldn't collude with the executive due to party affiliation 2. That spending more money at the federal level would require them to raise taxes There is no logic or evidence when you get rid of the history and the wrong assumptions.
- 1y ago