Again, the fundamental idea is to allow states and local governments to let their freak flags fly — to let San Francisco be as left-wing as it wants to be
This is what’s wrong with this idea. We must have federal laws against abortion, homo marriage, etc. Leaving it up to the states should only be an intermediate step, on the way to Constitutional Marriage, Personhood, etc.
Or a national divorce.
But, your argument, balch3, supports continued fedgov intervention into the lives of the people. The Founders didn’t structure a superior federal government, which is why they included the enumerated powers in the Constitution. All else was reserved to the States, or to the people.
Definition of marriage, for example, should very clearly be a State issue, as it is the State that issues marriage licenses, etc.
Abortion (as all other health related issues) should NEVER be funded by a federal government. That, also, is a State issue.
Your argument extends the concept of incorporation; which is the fundamental reason we have lost so much freedom to an overreaching federal leviathan.
I don't see in Art 1, Sec 8 of the Constitution where the federal government has authority on any of those things.
Those are State functions, and should be left to the State.
If you want federal laws, amend the Constitution.
/johnny