I put Middle Earth Journal in hiatus in May of 2008 and moved to Newshoggers.
I temporarily reopened Middle Earth Journal when Newshoggers shut it's doors but I was invited to Participate at The Moderate Voice so Middle Earth Journal is once again in hiatus.

Wednesday, December 01, 2004

Is it time for a new federalism?

Jazz has a post on Federalism this morning and I had a post on Running Scared the other day on federalism and the Supreme Court's involvement in the Medical Marijuana issue. The WaPo has an editorial on the subject this morning, Pot and Federal Power. The issue here is the commerce clause of the Constitution, which authorizes it "to regulate commerce with foreign nations, and among the several states". We progressives have been enthusiatic supporters of the "mis"-use of this clause to dictate to the red states when it has been used to force "enlightened" progressive issues. Now the political tides have turned and the clause may be used to force 16th century morality down the throats of the blue states. The WaPo editorial is worried that a Supreme Court decision in favor of the California Medical Marijuana law will make it harder for Congress to force the will of a few on many.
Although the California women should win, it is important that they win on narrow, fact-specific grounds. Advocates of states' rights have latched onto this case and are urging the court to use it to radically rewrite its commerce clause rulings, reviving ancient precedents that took a more limited view of Congressional power. This is where the greatest danger lies in this case. If this sharply restricted view prevails, it could substantially diminish the federal government's ability to protect Americans from unsafe work conditions, pollution, discrimination and other harms.
I disagree with the broad sweep of this concern. The country is divided. I live in a blue state where our workplace safety laws are stronger than the federal laws, our minimum wage is two dollars an hour higher than the federal minimum wage, our anti discrimination laws are stronger than the federal requirements. We don't need the federal governments help. Abortion will remain legal in Oregon if Roe V Wade is overturned. We have voter mandated Medical Marijuana and doctor assisted suicide, we don't want the Federal government interference there.
Since pollution doesn't recognize state lines it would seem that the commerce clause should easily apply in that case.
I guess that makes me a neo-federalist, a blue states righter.

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