State Autonomy - Mothering Forums
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#1 of 4 Old 04-30-2003, 11:32 AM - Thread Starter
 
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I don't have any links, but I'm wondering how everyone feels about how federal law effect and sometimes overrides state law. An example being that if states don't have a .08 alcohol level for DUI that they are denied funds for road maintenance and construction. I don't want to specifically focus on the DUI one, there are others related to education ect.

Should the federal government be allowed to control states in this way. Yes, I know that the states can deny to accept the money, but most states are in a financial bind currently and really need the help. And besides is it fair to make children pay (in regards to the educational funds) for something the state does?

How much autonomy should states have??
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#2 of 4 Old 04-30-2003, 02:25 PM
 
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My answered is biased based on what law one is acutally talking about. For federal laws I agree with, I am glad the trump state laws. When I disagree with federal law I wish the state would previal. So I don't really have a good unbiased opion.

How that for hand waving.
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#3 of 4 Old 04-30-2003, 06:14 PM - Thread Starter
 
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my issue is specifically with the "blackmail" that the fed gov attempts to try and control states. Some states still have the .10 alcohol limit. The bigger question is, since there is no national federal law regarding DUI limits should the gov be allowed to say if you don't make it .08 we won't give you highway funds?

Another example medical marijuana, it's legal in some states yet the Fed Gov still maintains that pot has no medicinal use (despite the availablilty of marinol) so the DEA has been busting med pot users and groups.

A third example would be vermonts law of gay marriages (can't remember it real name). There have now been attempts to make a federal law that addresses male/female marriage as a way to limit state rights ont he issue.

Personally I think states should have autonomy except in cases that violate human rights or the constitution. Last I read neither of the above examples are specifically mentioned in the constitution.
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#4 of 4 Old 04-30-2003, 06:32 PM
 
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I agree specifically with all of the examples that you gave. I wish the states had autonomy. But then I also think of situation such as school segregation or white only restuarants that were outlawed because of federal law.

So yes I hate it when the fed trump over laws like medical marijuana or use bribery for compliance. But I am not sure I am ready to make a blanket statement for or against state autonomy.
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