Judicial overreach has caused much of the division and instability in America.

LETS LET THE STATES MAKE MORE DECISIONS

THE CONSTITUTION IS OUR PROTECTION AGAINST EXCESS

Much of the division in our country has been created by a supreme court that has consistently pushed policies that could not be enacted at the state or legislative level. This shortcircuiting of the process has created more division and instability than any other single factor.

The constitution gave the federal government certain enumerated powers.They were to be in control of national defense, regulate interstate commerce, control and regulate immigration and guarantee certain individual rights guaranteed by the bill of rights among other powers. All powers not guaranteed by the constitution were to be decided by the individual states. The Bill of Rights was an explicit constraint of the powers of the Federal government. A provision in the constitution allowed for changes to be made by the Amendment process. It is difficult process and needs a strong consensus by the whole country, as it should. It should not be accomplished by a decision of  5 of  9 judges.

Over decades the power of the states to control their own destiny has been continuously eroded in the quest of a large all controlling Federal government. The beauty in having 50 individual states making most of their decisions for themselves is that it provided a laboratory of ideas that could be tried, adopted or rejected much more quickly and efficiently than in a huge federal bureaucracy. It also allowed a slow and thoughtful evolution of the building of consensus in matters that were controversial. Many times these overreaching court decisions mirrored the desires of elite classes from the coasts of the country. Those citizens of many states were forced to adopt measures in direct opposition to the majority of the citizens of those states.

States rights are the pressure relief valve that allowed the country to be unified on the most important issues for the whole nation while giving people the options to vote with their feet if the state that they lived in became out of touch with their personal objectives and beliefs . We see this process going on even now with internal migration within the country. 

In the last few years we have seen the division in the country not seen since the civil war. You can only cram things down peoples throats so long until they say enough. Now we as a nation can insist that the federal government will control every aspect of life even at the point of a bayonet if necessary and possibly end in a violent confrontation. Or we can agree to divide the country into several confederations of states with their own form of government that satisfies their majority. It would be much better and much easier and much safer to just refer back to the wisdom of our founders who had already solved these problems for us.

The constitution is not a complicated document, it is the law for the federal government, it is ultimately enforced by a court appointed for life. Contrary to the belief of the elite class in this country, most citizens who have the desire to read can see if decisions are in keeping with this law. 

It is not an ever changing interpretation or it will be a meaningless document, which is exactly what some want, so that in their quest for power they can decide how all should live. If changes need to be made,  the amendment process is clear and concise and to be respected by the nation. 

The most divisive decisions made in the last few years concerned abortion and the federal financing of abortion and the defining of marriage. I would bet that 435 Federal representatives and 100 Senators would be relieved if they did not have to deal with these issues. Would it not be better if the states decided these matters and the internal migration could make a more peaceful and united country.

Originally published 10/7/2018