Does The Supreme Court Circumvent State’s Rights?
March 2nd, 2016
Thank you James Harper for the request.
Tenth Amendment – Rights Reserved to the State or People – The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. National Constitution Center
There are so many questions about the Supreme Court infringing on State’s rights that I couldn’t possibly try them all here in this Blog. The Supreme Court has mad some monumental blunders as when it truck down the Civil Rights Act of 1875 as unconstitutional. It ruled that section one of the 14th amendment didn’t supersede section five of the same Amendment
Fourteenth Amendment section one – Citizenship Rights, Equal Protection, Apportionment, Civil War Debt – All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. National Constitution Center
Fourteenth Amendment section five – Citizenship Rights, Equal Protection, Apportionment, Civil War Debt – The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. National Constitution Center
As a result discrimination based on ethnicity remained lawful for the private sector.
There are as you may imagine some fanominally good decisions like Loving vs Virginia. I didn’t even know that laws against interracial marriage existed in 1967. I for one am glad that they don’t exist anymore. Here you can find The Best Supreme Court Decisions Since 1960. You can also take a gander at the worst decisions via the same page.
Back to the point. Does the Supreme Court make some rulings with no regard for State rights? The Supreme Court rulings are the supreme law of the land and I think they should be. Lower courts should just be an extension of the Supreme Court. I don’t think there should be a federal speed limit but if State Governments are failing the welfare of their citizenry the Federal Government should step in with the backing of the Supreme Court. In this example the State was lousy with car accidents the Constitution should provide for the Federal Government to set a 65 mph speed limit. If the State in question has no speed limit but experiences fewer accidents than other States it should be left alone. They’ve proven no need for further Government intervention. Whether you like this example or not it frames the spirit of the law.
Now a days the rights of the Individual are on the chopping block. While attempting suicide is no longer illegal a New York politician (It may be Bill de Blasio) was attempting to outlaw 20 oz or larger soft drinks. According to the Constitution the Individual should maintain the right to be healthy or unhealthy even to the death. This brings us to the
Ninth Amendment – Non-enumerated Rights Retained by the People – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. National Constitution Center
What the Ninth, Tenth, and Fourteenth Amendments tells me is to hold on to my Individual rights as if my life depended on it. My quality of life does. Like the repeal of the prohibition of alcohol, no drugs or guns should be illegal (I’m all about background checks for guns) . Take marijuana for instance; I hate it but I should have the right to decide that.
Anti-drug legislation is just some of the People trying to parent others of the People. Put parenting where it should be, in the home, and we’d learn to live with these things present and not a pretend world where they don’t exist. My rights end where your nose begins doesn’t mean your nose should be in my business. It means as long as I’m not hurting you I can do whatever the hell I want. Drugs are too addictive. Wah. We should be trained from a very young to practice an adequate amount of self control where drugs are represented by marshmallows. Then by the amount of technologies in our lives then by one puff of marijuana and so on. The access to these things are undeniable. The problem with our society is that we don’t use build up. Your 21, you got your license 5 years ago you were old enough to buy a handgun 3 years ago and now you can consume as much alcohol as you want. We should learn the emotional strength and what our tolerances are from a very young age. Responsible gun handling is taught; with a BB gun, paint ball gun and so on As adults we should coexist with our temptations instead of having the Government say “NO” my daughter or son, you can’t or there will be grave consequences. The Constitution intended to produce strong, independent, responsible adults and not children with discipline issues. The Supreme Court isn’t close to fulfilling it’s purpose; Occupational parenting would.
The Constitutional rights of the Federal Government vs the rights reserved to the States could bash heads for decades over the subject matter that I’ve mentioned and the People are the ones who really pay the price. Don’t take the salt out of my food or enact a saturated fat law. Don’t take my guns or my right to resist temptation. It amounts to the People domineering the People and the Constitution gets lost. The politicians simply want to do whats popular no matter the cost and while the Supreme Court should be the embodiment of the spirit of the law their decisions are steered by big money and the advancement of industry; better yet technology. They’re going decide on what ever keeps the wheels of this well oiled money machine turning. Technology is global and doesn’t always have America’s best interest at heart. I hope we all wake up and realize that democracy doesn’t mean a popularity contest and the majority shouldn’t always win if it in any way suppresses the rights set forth by the Constitution.
Until next time, keep your homes well.
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