Showing posts with label 10th Amendment. Show all posts
Showing posts with label 10th Amendment. Show all posts

Friday, June 26, 2015

A question that interests me in the wake of Obergefell

Rather than hang another comment on Pik's post where it would be diversionary anyway, I'm just going to start a new thread to focus on it. I picked this excerpt from Chief Justice Roberts' dissent from Ann Althouse's blog (she favors SSM). The empasis is mine.

The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition.

This is obviously 10th Amendment territory. But my specific question is this. Let's say a state - Alabama might be the likeliest candidate - just says, yeah, we agree with Roberts. We're just going to keep our historic definition. Not sue, mind you, simply ignore Obergefell entirely. Terrible precedent, to be sure, and Roy Moore could expect some absolutely devastating Tweets.

But, really, what happens next? Paratroopers? Hardly. Economic sanctions? What? Against whom or what?

In short, what could a state actually suffer for simply ignoring Obergefell and not recognizing SSM?

Friday, November 8, 2013

Colorado and Washington ignore federal health care laws with impunity

So why can't every other state?

I'm referring of course to federal health care laws regulating commerce in and the consumption of leafy green weeds of the Cannabis and Indica families. Come on, you didn't really think those federal laws were there because of marijuana's funky smell, did you? No, they're in place because the feds have thought for a century or more that smoking weed is bad for your health, so bad they'll put you in prison for subjecting yourself and others to its dangers.

Here, though, is where we take a right turn from what you might have thought was going to be a pot-legalization post into what is in fact an Obamacare-ignoring state by state post.

Remember, insurance companies and the policies they offer are (or were) state-, not federally-licensed, pretty much as 10th Amendment as you can still get in this day and age. What would it take to return them to that condition unconditionally?

Why, to do exactly what Colorado and Washington states have done with respect to their marijuana laws: ignore the feds, and proceed as if the management of health insurance was as much a wholly state matter as the management of marijuana.

To be sure, the main reason Obama and Holder are standing around holding their bongs with respect to the moves by Colorado and Washington is that pot-smokers are a larger Democratic Party constituency than they are a Republican Party one, so yes, the non-prosecution of Coloradans and Washingtonians under federal anti-marijuana drug titles is also an egregious case of corrupt selective federal judicial prosecution.

Still, this brings us finally to where everything ultimately really does get decided in politics: civil obedience or disobedience to whatever domination is proposed, and the ultimate recognition that the fault that we are underlings lies ultimately with ourselves. Not with the bogeyman we might make of the amateur community organizer Obama, or the purring Harry Reid, or the supercilious Pelosi, or the vague shadow army of the lefties, or the main stream media, or anyone else behind Obamacare. With ourselves, for passively submitting to it. If you want your obeisance, you can keep your obeisance. Period.

Legislative potheads in Colorado and Washington just rolled back a century of obedience to federal anti-marijuana laws. At this point in the absurd tragicomedy still unfolding across health insurance, how hard would it really be for state legislatures truly concerned for their citizens' health insurance to do exactly the same thing with Obamacare?