A Quote by Antonin Scalia
Wringing your hands about states' rights, forget it. They're gone. Basically, the federal government can do whatever it wants. Who's going to protect the states? My court? Ha - we're feds!
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Abortion is a states' rights issue. Education is a states' right issue. Medicinal marijuana is a states' rights issue. Gay marraige is a states' rights issue. Assisted suicide- like Terri Schiavo- is a states' rights issue. Come to think of it, almost every issue is a states' rights issue. Let's get the federal government out of our lives.
In my life, I've seen everything, and one thing I know for sure is you can't win in the federal court. You're going against the government of the United States. You don't beat a federal court, a federal judge, and the FBI - there's no way.
We passed the Voting Rights Act of Virginia, which restores and builds on key provisions of the 1965 federal Voting Rights Act that was gutted by the United States Supreme Court. Voting is fundamental to our democracy, and this legislation is a model for how states can ensure the integrity of elections and protect the sacred right to vote.
And it's absolutely hypocritical for the political party that talks about states rights, to suddenly ignore states rights, that say that the federal government or federalism has no business in this kind of business.
Gorsuch, who is a U.S. Supreme Court nominee in the United States, said the real test of law is when a government can lose in its own courts and still respect the order. And I think Canadian need to ask is why would Canada, if it's doing everything right, why wouldn't you want to be watched? If they are contesting the fact that their own courts don't have jurisdiction over the government's human rights violations, then our next step is to go to federal court and find the federal government that can come to court and we will do that.
For states' rights advocates, the Constitution is like a contract that is openly violated by one party with impunity. On paper, the states remain sovereign powers, while in reality the federal government appears able to dictate everything from the ingredients of school lunches to speed limits. Congress now routinely collects taxes in order to return the money to the states with conditions on their conforming to federal demands.
It is federal, because it is the government of States united in a political union, in contradistinction to a government of individuals, that is, by what is usually called, a social compact. To express it more concisely, it is federal and not national because it is the government of a community of States, and not the government of a single State or Nation.
Under the Constitution, federal law trumps both state and city law. But antitrust law allows states some exceptional leeway to adopt anticompetitive business regulations, out of respect for states' rights to regulate business. This federal respect for states' rights does not extend to cities.
Individual people shouldn't be fearful, because by and large our government, the federal government - people always talk; obviously, they don't trust the feds, whatever. The federal government and local communities have done a pretty good job at keeping us safe.
It [the Constitution] didn't break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as it's been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. And that hasn't shifted.
Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious discrimination. This limitation on the states' authority to champion such claims is fundamental to our separation-of-powers architecture.
Demographically, I'm a hippie from San Francisco and I'm not culturally inclined to be sympathetic to states' rights. My cultural heritage is FDR and Medicare and federal government solutions. But if you think through the analysis, strengthening state rights is a good corrective of the aggregation of an over-reaching federal power.
If the Bill of Rights was intended to place strict limits on federal power and protect individual and locality from the national government the 14th Amendment effectively defeated that purpose by placing the power to enforce the Bill of Rights in federal hands, where it was never intended to be.
The federal government did not create the states; the states created the federal government.
States that scrap their state-run Obamacare exchanges are admitting they've wasted millions of dollars in federal grants. It's only fair that states have to pay American taxpayers and the federal government back for their total incompetence.
The Second Amendment, like the rest of the Bill of Rights, was meant to inhibit only the federal government, not the states. The framers, as The Federalist Papers attest (see No. 28), saw the state militias as forces that might be summoned into action against the federal government itself, if it became tyrannical.
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