Saturday, April 18, 2020
Liberals are now State's Rights Originalists
Since Trump correctly claimed he had total power over the economy Liberals are now professing the 10th Amendment to refute Trump's claims. This is pretty disingenuous because liberals have worked tirelessly to redact the 10th Amendment from having any impact in constitutional law. Just as liberals proclaim that nationalism is racist (comparing it to Hitler and fascism) they have done the same about state rights. They say state rights advocates are racists because states rights had been used in the past to protect slavery. But this is far from the truth (Read my book defending freedom of contract). First, it was Democrats that promoted States rights and slavery from the South. On the other hand, it was State rights and the North promoting to abolish of slavery. It was the Federal government that supported slavery in the first part of American history as can be seen in many Court cases such as Prigg v. Pennsylvania and Dred Scott v. Sanford.
Democrats have always used State rights or nationalism when it suits their needs such as State rights to protect illegal immigrants or state rights for marijuana use (except in Raich when it could diminish federal authority over the commerce clause). So what is the reason to promote state rights for opening the economy? Only because Trump is president. But another thing that Democrats fail to realize that in the closing of the economy and in the opening of the economy, Trump and the federal government placed very little mandatory mandates, rules, or regulations on the states. The federal government will lay out some guidelines, but the states will have full power over what they do to close or reopen the economy. Trump has walked on eggshells not wanting to be sued by states for Constitutional violations and up to this point there have been none. However, by the time this over there will be dozens of suits filed against state governments for constitutional violations or personal liberties. This is actually a smart move by Trump because when the economy does not recover very quickly, he can point to the states and their policies. He can say I have done my job and given them trillions and did everything to control the virus, but it is the governors that are the decision makers. Governors breach of power will rile up Republicans in an election year.
Sure, Republicans do the same thing with federalism and nationalism. But the Democrats have succeeded at redacting important clauses from the Constitution such as the Ninth Amendment, tenth Amendment, and contracts clause. Progressives added the sixteenth and seventeenth amendments to further limit federalism. Progressives changed the meaning of the constitution from being a Republic to a Democracy and are even trying to change it to a social state. This has had dire effects on federalism. You can read all about in my book: Defending Freedom of Contract. There is over a century of progressive movement to eliminate state's rights. Now they want State rights. It merely shows how two faced they are when dealing with Trump and Trump is playing the game just right. Leaving the responsibility to the States.
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