What are examples of issues that would legitimately be labeled "States Rights"?

Padawanbater2

Padawanbater2

Well-Known Member
Imo, issues that deal with civil rights should not be left up to the states to decide since civil rights are protected by the Constitution. So what about issues that deal with internet privacy, using drugs, polygamy, abortion, etc.?

What do you think should be a states right issue and why?
 
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ThickStemz

Well-Known Member
Going by the constitution the 10th amendment cleary states that all powers not vested in the federal government shall be vested in the states.

They have gone on to neuter that a little bit. And wisely so in regard to, as you point out, saying that civil rights should be upheld by the states as well.

The federal government has usurped much of the power of the states. Strong arming them into accepting things they would otherwise not accept. For instance, requiring drinking age to be 21 or withholding highway money.

The interstate commerce clause has been absurd as a means to curtail some things that are good ends, like discrimination.

But yeah, legitimate states rights issues should be marriage, gambling, prostitution, controlled substances, lots of laws on property and money. There is lots of room for state government.

The dirty little secret is that while we get excited about Trump v Clinton or Sanders, your governor and state assembly affect your day to day life more. Your local government affect it even more.
 
Rob Roy

Rob Roy

Well-Known Member
Rayne said:
See the above. Remember, the people give governments the right to operate through consent.
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Except there has been a sleight of hand in the terminology used...

"The people" is often presented as a collective homogenous group, when it is really just the aggregate of a lot of INDIVIDUALS.

Only individuals can consent, thus a "collective consent" of "the people" would have to be unanimous by all the individuals to be consistent.


Have you ever read any of Lysander Spooners essays ? No Treason , the Constitution of no authority is an interesting read and addresses what I just said.


Can a person delegate a right they do not possess ?
 
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ThickStemz

Well-Known Member
UncleBuck said:
you've never heard of the 14th amendment to the constitution, have you?

probably why you are a subway sandwich maker.
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Homosexuality isn't a federally protected class.

I would advocate that the civil rights legislation be amended to make homosexuality a protected class, but until it is the 14th amendment doesn't apply.

But I should have said family law, not just marriage.
 
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Padawanbater2

Padawanbater2

Well-Known Member
ThickStemz said:
And homosexuals are not a protected class.

You can still fire me for being gay.

You can still fire me for being trans.

The state still constructs the marriage laws. They are under the preview of the state, only not having to violate federal law.

I dont get wtf you're arguing with me about here dipshit.
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"The U.S. Equal Employment Opportunity Commission, created to enforce and implement the 1964 Civil Rights Act, ruled this week that workplace discrimination based on sexual orientation is illegal.

The ruling states that employers who discriminate against LGBT workers are violating Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination “based on race, color, religion, sex and national origin.”"

http://www.queerty.com/guess-what-you-can-no-longer-be-fired-for-being-gay-anywhere-in-america-20150717
http://www.economist.com/blogs/democracyinamerica/2015/07/workplace-discrimination
 
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ThickStemz

Well-Known Member
Padawanbater2 said:
"The U.S. Equal Employment Opportunity Commission, created to enforce and implement the 1964 Civil Rights Act, ruled this week that workplace discrimination based on sexual orientation is illegal.

The ruling states that employers who discriminate against LGBT workers are violating Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination “based on race, color, religion, sex and national origin.”"

http://www.queerty.com/guess-what-you-can-no-longer-be-fired-for-being-gay-anywhere-in-america-20150717
http://www.economist.com/blogs/democracyinamerica/2015/07/workplace-discrimination
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That isn't applied evenly across the board. Good news if it is. But as I understand it that is limited.
 
Padawanbater2

Padawanbater2

Well-Known Member
ThickStemz said:
The regulation is on federal jobs. It doesn't apply to a private company. But someone who is a federal contractor now cannot discriminate on those grounds. But private companies can still fire you, if they choose, for being gay.
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Nope, that's across the board, private companies included
 
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mynameisnobody

Well-Known Member
Padawanbater2 said:
"The U.S. Equal Employment Opportunity Commission, created to enforce and implement the 1964 Civil Rights Act, ruled this week that workplace discrimination based on sexual orientation is illegal.
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Their job is enforcement, its the courts job to interpret. So the EEOC has ruled that its illegal to discriminate against pedophiles. I'm sure the daycare ind. will find it easer to find and hire workers.
 
OddBall1st

OddBall1st

Well-Known Member
Padawanbater2 said:
Imo, issues that deal with civil rights should not be left up to the states to decide since civil rights are protected by the Constitution. So what about issues that deal with internet privacy, using drugs, polygamy, abortion, etc.?

What do you think should be a states right issue and why?
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Anything that is a privilege. The Feds. shouldn`t control a states allowed privilege. Take driving for example, laws on the road are different accordingly, and laws about the car`s condition to be on the road are different accordingly, same as the persons ability to drive.

There are so many differences and conditions that other States don`t share.


Second, Anything that involves that States best interests. If the Majority of a States residents vote to have say, than that State is bound to protect their best interests, which is how the residents want things.

People votes in California should not impact people votes in NY.

Third, Federal waters. As it is today, the standard for Country`s is 12 miles. That`s fine, but each State should at least be able to police and regulate 2 miles out.

In Ma. the water after 12 miles becomes Canadian. For fishery purposes. Just because Nova Scotia has a Fishing industry, they should not claim or purchase waters off the USA. The Feds. make that deal, not the State, a State should be able to refuse. As far as lakes and ponds or rivers and streams, The EPA should settle it`s issues in that State and not Federal Courts.
 
OddBall1st

OddBall1st

Well-Known Member
Rob Roy said:
if somebody else sets the rules for how a company operates within the boundaries of their own business isn't it
an error to call that business "private" ?
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No, much like your car, it has rules to follow and so do you,....but I can`t just jump in it and drive.

Private property, no trespassing, in city limits, you can`t shoot a firearm.
 
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