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To: ForGod'sSake

One has to remember the structure of government follows the delegation of authority from the People. The federal government does not have jurisdiction over the states. It cannot force the state to implement a federal law. The federal government has jurisdiction over individuals. Likewise, the state government and local governments have jurisdiction over individuals. That jurisdiction is further limited by the metes and bounds of geography. Finaly, that jurisdiction is further parsed by jurisdiction over subject matter. The federal jurisdiction in that regard is enumerated and is supposed to be specific. The state jurisdiction is general - however the state’s police powers of regulation over the individual are supposed to be constrained to the prohibition of actions that pose a substantial injury to general public health and safety.

The federal government “buys” power beyond that enumerated through the so-called spending power. It bribes the states into participating in a federal program like health care, over which it has no enumerated power. It becomes a parasite off state jurisdiction and authority.

The state, in turn, has expanded its police powers to use regulation to advance or promote a collective public benefit. It is just as much a violator of individual rights as the federal government is of state’s rights.


17 posted on 08/19/2010 11:06:43 PM PDT by marsh2
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To: marsh2
The state, in turn, has expanded its police powers to use regulation to advance or promote a collective public benefit. It is just as much a violator of individual rights as the federal government is of state’s rights.

No argument here. Historically, some of the states and even local jurisdictions were pretty heavy handed when laying down state and local law. As an aside, and I don't know but I can just hear it now, howls from citizens within offending states for the federales to DO something. Maybe not. But in any case enter the federales stage left with the old carrot and stick chicanery and we were off the the races. All made possible by, amongst other devices, the income tax.

Put aside the incessant meddling from the feral government and the theory of course was that the individual states would prosper or flounder depending upon how they handled their citizens' business. Born out to some extent even today, no?

24 posted on 08/20/2010 9:33:55 AM PDT by ForGod'sSake (You have just two choices: SUBMIT or RESIST with everything you've got!)
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