State's Rights
Feb. 11th, 2005 10:21 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
pecuniumThat pesky 10th Amendment. The one the Right says the left ignores, and the Left says the right abuses.
I'm pretty fond of it. It says the Feds can't come in and poke their nose in local business, without showing a federal case for it.
What bothers me at the moment is the amazing attempts on the part of this adminstration to trample them. To consolidate power in the hands of the feds.
Calif. passed a law allowing for medicinal uses of marijuana. The feds have tried to strongarm the state into refusing to allow the law to work.
Ore. passed a law allowing for legally assisted suicide, with safefguards. The Feds have gone after it.
The new holder of the office of AG has filed a suit against a church in New Mexico, because he/the administration, doesn't like the psychedelic tea they use (it's not peyote, but some Brazilian plant). That one is the closest to a federal case, because at least the seeds had to be imported.
Marriage, ought to be local, but the Feds passed a law (under Clinton) to make it a Federal Case. That, it seems, wasn't good enough, so they want to pass an amendment.
This crap was big under Nixon, but better handled. To save gas they passed the 55 mph speed limit. A state could opt out, but it would lose higway funds. Ariz. got around it by making speeding, for the first 15 mph a "wasting of natural resources" violation. Which meant it wasn't points against your license. The fine was also fairly small. They could, if the cop wanted, make it speeding, which had higher fines. This usually was done to out of staters, and those who were doing something stupid, as well as speeding (and yes, that seems a 14th amendment violation to me, but if you didn't know about the law, how were you to know you'd just been unequally protected?).
In '82 they did the same thing to make the drinking age a federal standard. A state could leave it at 18, but the feds would hold back highway funds. And still insist on the state maintaining the Interstates they had.
Now we have them trying to make driver's licensing a federal issue.
This is more subtle, just. If a state allows a non-citizen of the US to have a license, there are federal requirements. If they allow illegal aliens to take the test, and legally drive, then no one from said state will be allowed to get on airplanes, enter federal buildings (which ought to be amusing) or, in general, do anything where the Feds demand an ID.
Which is nonsense. James Sensenbrenner (R-WIS), who represents a State which allows illegals to get licenses, says this is to prevent terrorists from attacking us. Nonesense. They all had legal ID, passports (which would work just fine to get on a plane) and visas; which would, under his plan allow one to get a driver's license, and thus onto a plane, into a federal building; and all other such places where the feds demand identification.
I'm still in the army because this sort of strongarm tactic isn't allowed. When I was younger, and more foolish I made a mistake. Came to work hungover. I wasn't fit for duty (and we were short staffed, so I thought I had to come in. These days I know better). My Bn Commander happened to show that day. He had a fit.
Told my Company Commander to give me an Article 15. This isn't a court martial, but it would have hurt my career. My CO told him she'd look into it. Now, the fact of the matter is that, for that chunk of time, I wasn't, tecnically, in his command; so it was all moot (that however is/was vague enough, and I inexperienced enough it wouldn't have mattered, and I'd have taken the 15). But, unless he was personally willing to do it (nominally in his purview) he couldn't make her do it. Bluster all he wanted, but in the end it was like trying to sheepherd the wind.
My Plt. Sgt. stepped in, told her no, this wasn't worth that and he'd counsel me. I got a good talking to (in that it I learned things, not just got chastised, which I did, but not much) and was told the lack of judgement (good intent, crappy execution) would put my chance of promotion on hold for a year or so.
A sad day when the Army has better protections for its members than the Constitution seems to have for the States.
But it's worse than that. Another provision of the law gives the Dept. of Homeland Security the right to waive all laws it finds to be an impediment to building a fence on the border.
Ponder that, a Dept. of the Gov't being giving carte blanche, "The bearer of this has done what he has done for the good of the state." All laws. Void, by administrative fiat.
Angels and ministers of grace defend us.
I'm pretty fond of it. It says the Feds can't come in and poke their nose in local business, without showing a federal case for it.
What bothers me at the moment is the amazing attempts on the part of this adminstration to trample them. To consolidate power in the hands of the feds.
Calif. passed a law allowing for medicinal uses of marijuana. The feds have tried to strongarm the state into refusing to allow the law to work.
Ore. passed a law allowing for legally assisted suicide, with safefguards. The Feds have gone after it.
The new holder of the office of AG has filed a suit against a church in New Mexico, because he/the administration, doesn't like the psychedelic tea they use (it's not peyote, but some Brazilian plant). That one is the closest to a federal case, because at least the seeds had to be imported.
Marriage, ought to be local, but the Feds passed a law (under Clinton) to make it a Federal Case. That, it seems, wasn't good enough, so they want to pass an amendment.
This crap was big under Nixon, but better handled. To save gas they passed the 55 mph speed limit. A state could opt out, but it would lose higway funds. Ariz. got around it by making speeding, for the first 15 mph a "wasting of natural resources" violation. Which meant it wasn't points against your license. The fine was also fairly small. They could, if the cop wanted, make it speeding, which had higher fines. This usually was done to out of staters, and those who were doing something stupid, as well as speeding (and yes, that seems a 14th amendment violation to me, but if you didn't know about the law, how were you to know you'd just been unequally protected?).
In '82 they did the same thing to make the drinking age a federal standard. A state could leave it at 18, but the feds would hold back highway funds. And still insist on the state maintaining the Interstates they had.
Now we have them trying to make driver's licensing a federal issue.
This is more subtle, just. If a state allows a non-citizen of the US to have a license, there are federal requirements. If they allow illegal aliens to take the test, and legally drive, then no one from said state will be allowed to get on airplanes, enter federal buildings (which ought to be amusing) or, in general, do anything where the Feds demand an ID.
Which is nonsense. James Sensenbrenner (R-WIS), who represents a State which allows illegals to get licenses, says this is to prevent terrorists from attacking us. Nonesense. They all had legal ID, passports (which would work just fine to get on a plane) and visas; which would, under his plan allow one to get a driver's license, and thus onto a plane, into a federal building; and all other such places where the feds demand identification.
I'm still in the army because this sort of strongarm tactic isn't allowed. When I was younger, and more foolish I made a mistake. Came to work hungover. I wasn't fit for duty (and we were short staffed, so I thought I had to come in. These days I know better). My Bn Commander happened to show that day. He had a fit.
Told my Company Commander to give me an Article 15. This isn't a court martial, but it would have hurt my career. My CO told him she'd look into it. Now, the fact of the matter is that, for that chunk of time, I wasn't, tecnically, in his command; so it was all moot (that however is/was vague enough, and I inexperienced enough it wouldn't have mattered, and I'd have taken the 15). But, unless he was personally willing to do it (nominally in his purview) he couldn't make her do it. Bluster all he wanted, but in the end it was like trying to sheepherd the wind.
My Plt. Sgt. stepped in, told her no, this wasn't worth that and he'd counsel me. I got a good talking to (in that it I learned things, not just got chastised, which I did, but not much) and was told the lack of judgement (good intent, crappy execution) would put my chance of promotion on hold for a year or so.
A sad day when the Army has better protections for its members than the Constitution seems to have for the States.
But it's worse than that. Another provision of the law gives the Dept. of Homeland Security the right to waive all laws it finds to be an impediment to building a fence on the border.
Ponder that, a Dept. of the Gov't being giving carte blanche, "The bearer of this has done what he has done for the good of the state." All laws. Void, by administrative fiat.
Angels and ministers of grace defend us.
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no subject
Date: 2005-02-12 12:19 am (UTC)no subject
Date: 2005-02-12 05:18 am (UTC)This administration has shown a lack of guts. Faced with disquiet they have knuckled. He/they have yet to use the veto.
They are afraid, so make them worry.
TK
no subject
Date: 2005-02-12 05:01 pm (UTC)no subject
Date: 2005-02-12 07:30 pm (UTC)He was allowed in for two years on a day pass. Someone leaked him confidential CIA docs about Valerie Plame. He was allowed to use an assumed name. He wasn't going to be able to get a hard pass (which seems to be the effect of his never-ending day pass) because he didn't make a living as a journalist.
So how did he make his living? Who was paying his bills?
They say this was the way it works, but the Pres, as evidenced in the Gaggle notes, asks reporters about their newborn kids, so it's a little disingenous to say, "He was some random joe off the street."
Take stock in Duracell and shine flashlights everywhere.
This ought to be easier than the attacks on Clinton, there's more dirt, and more truth.
TK