cw1865
Sergeant Major
- Joined
- Jun 12, 2007
- Location
- Riverdale, NJ (Morris County)
The issue of 'state's rights' does not begin and end with the Civil War. While the concept of state's rights prior to the Civil War cannot be discussed without discussing secession and slavery, the concept of the limits of Federal authority vis-a-vis state authority is still with us today.
Since the Civil War the Commerce Clause of the Constitution has essnetially permitted Federal regulation of any commerce that effects interstate commerce. The interpretation of what effects interstate commerce is VERY broad.
Things to ponder include same-sex marriages (does the Full Faith and Credit clause essentially compel sister states to honor legal civil unions entered in other states?), death penalty (can a state which does not have the death penalty refuse to honor extradition request from another state that wishes to execute an inmate?), English as an official language (Can the Federal government compel states to make English the official language? What if Puerto Rico becomes a state?), even regulation of illegal immigration (Should the Federal government permit states to interpret Federal immigration law and to permit deportations or even to grant citizenship?)
And to complicate matters still further, what role will supranational agreements like NAFTA play with respect to the Federal System?
Since the Civil War the Commerce Clause of the Constitution has essnetially permitted Federal regulation of any commerce that effects interstate commerce. The interpretation of what effects interstate commerce is VERY broad.
Things to ponder include same-sex marriages (does the Full Faith and Credit clause essentially compel sister states to honor legal civil unions entered in other states?), death penalty (can a state which does not have the death penalty refuse to honor extradition request from another state that wishes to execute an inmate?), English as an official language (Can the Federal government compel states to make English the official language? What if Puerto Rico becomes a state?), even regulation of illegal immigration (Should the Federal government permit states to interpret Federal immigration law and to permit deportations or even to grant citizenship?)
And to complicate matters still further, what role will supranational agreements like NAFTA play with respect to the Federal System?
Bringing the