Tuesday, February 3, 2015

State v Federal

After getting past the headlines for super bowl errors, poor coaching decisions and fighting on the field, we return to earth to discover some Republicans think vaccinations are a choice that should be left up to the parents. Chris Christie and Rand Paul are being hammered by the media for their positions on vaccinations and they keep skipping the simple answer. Christie should have said is in New Jersey we are letting each school district set their own rules about preventable childhood illnesses. Rand Paul should say he is a United States senator and he may run for president and immunization for children is clearly not a federal case. This issue belongs with the state and local governments.

We have a lot of problems in this country because people in Washington want to make laws that cover everyone in the country. This is stupid and unconstitutional. People should be governed by the people closest to them. Roe Vs Wade is a prime example of an issue that should have been resolved at the state level. Because federal courts got involved, it became a national issue and it has been a matter of contention for forty years. The Federal courts have gotten involved in the same sex marriage issue and even over ruled a vote by Californians to make same sex marriage legal. That pretty much guarantees we will be arguing same sex marriage for the next fifty years. The George W Bush administration went to court to prevent the family and doctors actually involved in the case from withdrawing life support from Terri Shivo.

I am not stating a position on abortion or same sex marriage. Personally I think the abortion decisions should belong to families and family doctors. Gay marriage is an issue I really do not have a strong opinion about, but I do not think it should be a federal issue – it should be handled by individual states. I am fairly sure George had no personal knowledge about Terri Shivo and he should have said it was an issue that belonged to Florida and the decisions should be made locally. My feeling is the ex-husband had the most knowledge about what Terri wanted to happen. I know I want my wife Kathi making end of life decisions for me. She definitely knows me better than anyone else and has the best chance of making the decision I would want.

We have state laws covering murder, robbery, mischief, vandalism and inflicting bodily harm. Then along came a cases where some people did not like the punishments meted out by the states, so they started making hate crime laws. The Civil Right Act of 1964, the Violent Crime Control & Law Enforcement Act of 1994 and the Mathew Shepherd and James Byrd, Jr. Hate Crimes Prevention Act of 2009 are examples of hate crimes laws at the federal level. Now anytime anyone thinks a perpetrator did not receive a proper punishment by the state, the federal government can come in and inflict their own punishment. This is a slight of hand way to legalize double jeopardy. Do you really think anyone in Washington cares what is legal? Now federal judges and prosecutors can postulate what a person was thinking when they committed a crime. Is this not asinine?

Our Constitution is very clear that the federal government has enumerated powers outlined in Article I, Section 8. All other powers belong to the states. We need to get the federal government back to doing federal government business and stay out of state business. We need to start today. Someone please tell Rand Paul and Rush Limbaugh, so he can pass the word. Thanks.

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