Monday, March 21, 2005

Spare Us The Talk Of States' Rights

The beauty of the left is their chameleon-like ability to wrap themselves in the very political propositions upon which they spat last week in order to achieve their ends. I am referring to their current cry that Congress's passage of the Terry Schiavo bill violates states' rights.

This is pure foolishness. The Congress affected people's rights at the Federal level and stated the Schindler family's rights to bring suit for a Federal claim. Any high school student could tell you that the Constitution permits the Congress to expand or contract the jurisdiction or even the existence of the federal courts. So Congress acted within its specific powers to affect a change at the Federal level. And there is nothing unconstitutional about that.

And the related whimper that this somehow undercuts the power of the courts is hilarious, despite the fact that it is truly frightening. The Congress' job is to make the laws that govern us. That is not the province of the courts. But somehow, judge-made law is something that they not only expect, but prefer to legislation. Guess what? The left doesn't like our form of government because it so rarely works to pass their agenda.

But when have they ever cared about smaller government and the right for states to govern themselves? They loved Roe v. Wade which took away from states the right to decide whether they wished to permit abortion within their borders. And they loved the recent Roper decision which overturned the workings of 20 state legislatures, passing a one-size-fits-all law on the entire juvenile justice system of each of the 50 states. They also thought Hillary Clinton's health care nationalization in 1994 was equally marvelous. They care nothing about the states, because they can't effectively influence the nation that way. Only with the overreach of federal power at the judicial level can they effectively get their policies enacted into law.

But as I stated before, their states' rights arguments are off the mark. This has nothing to do with states' rights. But this should surprise nobody. They wouldn't know what states' rights looked like if it bit them on the nose.


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