The Federal Government vs the State Governments: Choose Wisely!

I just answered a question on Quora about the federal government vs state governments. I don't think the author of the question meant to bash the federal government, but the fact that doing so is commonplace today shaped my answer. I get a little grumpy with those who think everything would be wonderful if the federal government would leave the states alone. Perhaps so, if you like the way things were back in 1859! I'm sure there are a few, but I don't think most of us would prefer going back to that, especially African-Americans, who would still be slaves, and women, who would not have the right to vote. Everything from the safety of our food and medications to our right to express ourselves would be affected. I think many do not realize just how bigoted and restrictive our society would be if the federal government never intervened in state affairs. The question and answer from Quora:

"If US citizens had to choose between their state government and federal government determining all of the laws and regulations of their state which would they prefer?

This one isn't even close! The federal government, primarily because many state governments and state courts have a horrible record when it comes to civil rights and matters of equal protection under the law - and not just Southern states, states from all over the country.

I don't know about you, but I happen to like the fact that whether I live in California or South Carolina no one can discriminate against me based on my race, color, religion, sex, or national origin. I happen to like the fact that my wife cannot be denied a job because she is a woman. I happen to like the fact that my granddaughter has equal access to educational opportunities. I appreciate the fact that no religion, Christian or otherwise, can force its creation myths to be taught as science in the public schools. I like the fact that women have a right to make reproductive choices, from birth control to legal abortion.

I am also not fond of making segregation or slavery legal. I don’t ever want to see anything like this again:

None of the above would be guaranteed if it had been up to some of the state governments. No, really. I think today we forget the resistance that many states had to civil rights and equal opportunity. I think we take these rights for granted and don't realize that, absent federal law, many states would not guarantee these rights for all citizens.

Recently, it has been state governments that have attempted to ban abortion, prohibit gay marriage, and restrict access to voting. It has been state governments that have sought to give preferred government status to certain religions.

My state, South Carolina, has a particularly poor record. Historically, had the federal government not intervened and had the laws of South Carolina prevailed, segregation would still be legal, African-Americans would find it difficult to vote, fornication and homosexuality would be illegal (as it would have been in Pennsylvania and many other states) - not to mention gay marriage. There would be a religious test for holding office. Technically, slavery would still be legal.

Consider that without the 13th, 14th, 15th, and 19th Amendments there would be nothing to prevent states from allowing slavery, segregation, voter restrictions, or denying women the right to vote.

Without the federal Equal Pay Act of 1963 women’s salaries would still only be 50–60% of men’s, instead of progress being made to 80%.

Without the federal Civil Rights Act of 1964, state and local governments, employers, realtors, etc. could still discriminate based on race, color, religion, sex, or national origin.

Without the federal Title IX provisions women would not have equal educational opportunities.

Without Brown v. the Board of Education of Topeka, segregated schools could still exist in many states.

Without Roe v. Wade, abortion would still be illegal in much of the United States.

Also, nothing could prevent states from outlawing gun ownership or even hunting. Nothing could prevent a state from declaring a particular religion or denomination a state religion, or from restricting or preventing the practice of a particular religion. Those who want to restrict the power of the federal government must look at both sides of the issue.

I point this out because it is popular among some crowds to bash the federal government and dismiss its importance. Some portray it as a threat to individual freedom and liberty. However, history proves nothing could be farther from the truth. Those who claim the federal government is infringing upon their rights often mean that the federal government is infringing upon the privileges they have enjoyed over other Americans because of their race, religion, or socioeconomic background. In many cases, they simply mean that they disagree with the law of the land and would prefer not to obey it.

Under the Supremacy Clause of the United States Constitution (Article VI, Clause 2) the federal government has been the nation’s watchdog when local and state governments seek to deny any American their constitutional rights. So, to me, the choice is a no-brainer."

Or so it would seem!