Thursday, January 10, 2013

Oh, Wyoming

I guess it shouldn't surprise me that a state like Wyoming is raising, or attempting to raise, the middle finger to Our Betters. 

Of course, this has been done before, and hung up in the courts.  That whole Federal preemption thing is a real bitch, to say the least.  Reality would seem to be that States want to send the Feds a clear message - "we don't like what you're doing."  And of course the Feds are laughing all the way to the courthouse to drop off the 12(b)(6) motions. 

What I figure this boils down to is the Courts, long ago, negating the last 20% of the Bill of Rights in large part.  I think we're looking at an example of the law of unintended consequences.  The Court (SCOTUS) put its tail between its legs long ago in the FDR administration.  Despite a few instances of the Rhenquist court saying "hey, wait a minute!", they still did so in rather hushed and deferential tones.  So, you get what we have now - the states are effectively powerless. 

Oh, sure, states pass all the laws they want (California just had 800+ go into effect 10 days ago!!), but the area of law which is Federally preempted grows by leaps and bounds every year.  Eventually I suspect we will be at a point where state legislatures need special dispensation to pass almost any law and absent that dispensation, the state law will have no force or effect.  Does this sound familiar, maybe something you've read in a historical document written on crumbly old parchment, about abuses suffered by certain semi-sovereign entities?  It should. 

The Acts of the Legislatures of the States shall, in due course, become null and void, ultimately rendering them non-sovereign administrative territories of the Federal government.  The end (and I figure this is 50+ years out) of state sovereignty will just be another failing of our government institutions.  Fortunately, I won't be around to see it. 


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