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Re:A bad grade that changed the U.S. constitution (2017) by fallingknife on Wednesday August 04, 2021 @09:27PM (#28068656)
Letting the states make their own decisions on issues not addressed by the constitution is a perfectly viable solution. Not sure why that would be particularly difficult.
Re:A bad grade that changed the U.S. constitution (2017) by webnrrd2k on Wednesday August 04, 2021 @10:28PM (#28069080)
The U.S. history with slavery and Jim Crow laws tell me that it's not always perfectly viable, and is sometimes very difficult.
Re:A bad grade that changed the U.S. constitution (2017) by int_19h on Wednesday August 04, 2021 @11:59PM (#28069718)
By the same token, the fact that Fugitive Slave Acts were passed back in the day would indicate that centralization isn't any more viable.
Re:A bad grade that changed the U.S. constitution (2017) by Redoubts on Thursday August 05, 2021 @06:15AM (#28071776)
Centralization isn't viable when you give literal slavers undue influence in government, yes.
Re:A bad grade that changed the U.S. constitution (2017) by int_19h on Thursday August 05, 2021 @01:41PM (#28077007)
"You give" implies the ability to decide that. The problem is that there's always the threat of people such as slavers, religious fanatics, ethnonationalists etc coming to power. The more that power is centralized, the more they can do with it.

And yes, conversely, when power is decentralized, you don't get "benevolent dictators" who might otherwise do some good. My point is that this argument doesn't really work if applied consistently in all cases - or, at least, not without more digging into the specifics of costs vs benefits. Personally, I'm not convinced that centralization is a net good overall, if only because it makes large standing armies possible.

Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Wednesday August 04, 2021 @10:47PM (#28069212)
Except we have no problem with such diverse policy in other federations like the eu.
Re:A bad grade that changed the U.S. constitution (2017) by Retric on Wednesday August 04, 2021 @10:53PM (#28069254)
The EU is less than 30 and has already lost a member. If you accept membership flexibility then extreme diversity is much easier to accommodate.
Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Wednesday August 04, 2021 @11:36PM (#28069565)
The civil war was all about membership flexibility. Is it any surprise that the losers wanted their 'divetsity' to be accommodated.

Frankly we're heading down the path of membership flexibility if the next few years don't bring about significant change.

Re:A bad grade that changed the U.S. constitution (2017) by rat87 on Wednesday August 04, 2021 @11:47PM (#28069644)
the civil war was about slavery If anything the federal government was too accommodating and it still wasn't enough for the slave masters who dominated southern politics
Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Thursday August 05, 2021 @12:58AM (#28070034)
Sure it was about slavery as the wedge issue over which to decide whether you can leave the union. This sort of reactionary rhetoric just skirts over the surface.

It's not like the confederacy was fighting for slavery and to be part of the union. Both Kentucky and Delaware were happy with the status quo. The confederacy wanted both slavery and to leave the union, which they perceived to be their right.

The federal government at the time was much smaller than the current one and much less empowered.

Re:A bad grade that changed the U.S. constitution (2017) by watwut on Thursday August 05, 2021 @04:53AM (#28071342)
The union was good for them as long as union was supporting the slavery. They were perfectly ok with forcing free states to return escaped slaves. They were perfectly ok with the system in which north blacks could be kidnaped to slavery and had little legal recours.

The union stopped being good enough for them, when it stopped being perfect.

Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Thursday August 05, 2021 @10:35AM (#28074280)
Correct. Just like the eu was good for the uk until they decided it wasn't. Except the issue of secession was settled in the affirmative there and in the negative here.

You'd be hard pressed to argue the confederacy wanted to take over the union and then impose slavery on the free states. I mean, you could make the argument, but it's more likely to me they simply wanted to leave and continue enslaving people.

I don't know how this turned into a discussion on slavery. The issue was secession. The civil war answered that us states cannot secede. Itll be interesting to see how the dynamic in the eu changes since this is a possibility there (although I'm doubtful they'd let a continental member leave).

Re:A bad grade that changed the U.S. constitution (2017) by pmyteh on Thursday August 05, 2021 @11:47AM (#28075376)
All states have a right to leave the EU by treaty - it was inserted to defuse a previous bout of Euroscepticism that argued by analogy with the US civil war that union author a secession right was tyranny.

I can't see its use being refused: that would disintegrate the bloc. And there was no question that we (the Brits) wouldn't be allowed to, so the precedent has been set.

I would imagine a few tweaks to the Article 50 exit mechanism will be made next time the treaties are revised - there are some game theory problems in the current trigger mechanism and the timescales set down turned out to be too short in practice - but it's no longer in dispute on principle.

Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Thursday August 05, 2021 @12:18PM (#28075833)
> but it's no longer in dispute on principle.

It was also not in dispute in the first constitution of the united states, but they just did away with that for funsies (I'm being facetious). I imagine we'll see something similar in the EU as the bloc becomes more integrated.

Re:A bad grade that changed the U.S. constitution (2017) by rat87 on Wednesday August 04, 2021 @11:46PM (#28069637)
But we're not like the EU We are a single nation
Re:A bad grade that changed the U.S. constitution (2017) by int_19h on Thursday August 05, 2021 @12:00AM (#28069726)
Speaking as a foreigner who immigrated to the US, I don't see Americans as a single nation. Maybe that was the case at some point in the past, but there are too many cultural divisions by now that transcend compatriotism.
Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Thursday August 05, 2021 @01:01AM (#28070052)
It was never the case. If anything Americans are more homogeneous now than ever.
Re:A bad grade that changed the U.S. constitution (2017) by techbio on Thursday August 05, 2021 @09:56AM (#28073788)
Interesting but counterintuitive, at least to me. How do you determine homogeneity is this sense? What evidence suggests this to you?
Re:A bad grade that changed the U.S. constitution (2017) by iammisc on Thursday August 05, 2021 @10:39AM (#28074345)
The rise of national chain stores and mass media.

In the past, if you traveled from San Francisco to new Orleans you would experience an entirely different set of stores, a new dialect, new customs, and frankly a new language.

Even the difference between California and Oregon is stark. California being mainly Hispanic and Oregon being mainly Nordic and with lots of Slavic influence. The names change and even the languages do.

I'd never see Russian in California but it's a regular occurrence in Oregon.

EDIT: By no means am I suggesting though that Americans do not have fondness for one another. I just think the relationship between a rural Alabaman and an urban Californian is more like the relationship between two citizens of differing EU countries. We certainly have a shared culture of sorts, and we will defend each other in the face of non-Americans, but there are cultural differences that cannot be simply glossed over.

Re:A bad grade that changed the U.S. constitution (2017) by kown7 on Thursday August 05, 2021 @07:15AM (#28072164)
As others have noted, here's good argument why USA isn't a nation: https://acoup.blog/2021/07/02/collections-my-country-isnt-a-...
Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Wednesday August 04, 2021 @11:31PM (#28069525)
You absolutely have a ton of problems. How many things don't launch in the EU due to differing regulations and languages?
Re:A bad grade that changed the U.S. constitution (2017) by jltsiren on Wednesday August 04, 2021 @10:04PM (#28068915)
I'm not so sure about that.

A federal state as a tight union of autonomous non-sovereign states is viable. We have plenty of examples for that. An EU-style loose union of sovereign states also works, if only barely. However, there is no evidence that a loose union of non-sovereign states would work in the present-day world. It might work, but the question is very complex, and we can't hope for a confident answer without actually trying it.

Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Wednesday August 04, 2021 @11:31PM (#28069534)
We tried the latter suggestion back in the day, and it was terrible, even back then.
Re:A bad grade that changed the U.S. constitution (2017) by BeFlatXIII on Wednesday August 04, 2021 @11:27PM (#28069491)
It’s too easy for citizens to move between states. You no longer need to cross the Atlantic in a Conestoga wagon. This freedom of movement punishes states that attempt to increase their quality of life too far above the national average far more than it punishes low-quality states with brain drain.
Re:A bad grade that changed the U.S. constitution (2017) by sershe on Thursday August 05, 2021 @12:24AM (#28069850)
It would only punish the states who would attempt to increase the quality of life for people who don't contribute to said quality. Why would others be worried? The more people move in, the better.
Re:A bad grade that changed the U.S. constitution (2017) by techbio on Wednesday August 11, 2021 @01:45PM (#28145205)
* Not so if they have a negative quality of life:

https://news.ycombinator.com/item?id=28137396

I would assume that fewer people who are already doing well will move states than will people who experiences more problems where they were.

Re:A bad grade that changed the U.S. constitution (2017) by BeFlatXIII on Thursday August 05, 2021 @04:57PM (#28079698)
> the more people move in, the better

Or much, much worse for the locals if housing construction can’t keep pace with the population influx. Or your state does the right thing and somehow solves its homelessness problem and then homeless from around the nation arrive (or are shipped off by their home states) and overwhelm the system.

Re:A bad grade that changed the U.S. constitution (2017) by sershe on Friday August 06, 2021 @09:39PM (#28094889)
Well, if housing construction cannot keep up it would balance out the quality of life, right? People will move as long as negative QOL delta from expensive housing is, in their view, less than positive QOL delta from other sources.

As for the homelessness example, that is my point exactly, and the general problem with welfare state. You have to choose - restrict the access to welfare state specifically, restrict movement generally, or don't have a welfare state. I do not view welfare state as a sustainable QOL improvement (or a QOL improvement at all), so I am in favor of the last option. For me, people moving in to abuse a local welfare option is a positive development. Contrary to GGP(?), the localities that get punished are not punished for "improving quality of life"... they are punished for stupid policies.

Re:A bad grade that changed the U.S. constitution (2017) by techbio on Thursday August 05, 2021 @10:05AM (#28073893)
This is the flipside of GP. States that increase their quality of life by sending their problems to the states that would attempt to solve them.

Name someone alive who does not contribute to the quality of life.

Re:A bad grade that changed the U.S. constitution (2017) by sershe on Friday August 06, 2021 @09:35PM (#28094870)
Is this supposed to be a trick question? For example, if you tax people and build a highway (or a rail line), someone driving on it/riding it but not paying taxes does not contribute to this particular QOL improvement.

Generally, there are plenty of people who do not contribute to society in any major way (e.g. even taxes), or even directly harm it.

Re:A bad grade that changed the U.S. constitution (2017) by techbio on Tuesday August 10, 2021 @07:42AM (#28127595)
Not a trick question. The quality of life I am talking about is apparently different from yours.
Re:A bad grade that changed the U.S. constitution (2017) by sershe on Tuesday August 10, 2021 @10:54PM (#28137396)
Well, apparently you are using a very exotic definition of "quality of life", especially in the original context (of the states increasing the quality of life).

For any specific improvement in quality of life, as it is commonly understood (and whether it's measured for an average person/median person/the most miserable person/...) there's very obviously somebody who doesn't contribute to it. Not literally everyone helps run a homeless shelter, plant a forest, build a highway, or run a non-corrupt judiciary. Similarly, there are quite obviously some people who detract from any particular improvement, either directly (whether it's a corrupt cop decreasing public trust, a burglar decreasing safety, a factory fouling up the air, a hiker littering in the park), or by using up a public resource more than they contribute to it.

There's no reason why somebody's combined contribution cannot be a net negative. So, it's very easy to find such a person.

Re:A bad grade that changed the U.S. constitution (2017) by techbio on Wednesday August 11, 2021 @01:56PM (#28145339)
Since no one is perfect, it is so easy to find such a person, that it is every person.

National-level quality of life as an average of states that can make either choice is like some states littering and some states cleaning up after them, or as a parent poster wrote "punishes states that attempt to increase their quality of life too far above the national average".

You seem to think having a low quality of life and lowering the quality of life are the same, and additionally, that improving the quality of life in a given state is something that a state, almost by definition, cannot do.

Re:A bad grade that changed the U.S. constitution (2017) by sershe on Thursday August 12, 2021 @09:30AM (#28156044)
> Since no one is perfect, it is so easy to find such a person, that it is every person.

Nope, that is a vacuous statement. Some people contribute more, some people contribute less - again, trivial to demonstrate, let's say I contribute X to others' QoL, positive or negative. If I go out now and throw my trash away in the park, I now contribute less than X, whatever X was.

> You seem to think having a low quality of life and lowering the quality of life are the same, and additionally, that improving the quality of life in a given state is something that a state, almost by definition, cannot do.

Where did you derive that from? To be fair I don't even understand anymore what you mean by quality of life :) Wikipedia: "Quality of life (QOL), according to Britannica, is the degree to which an individual is healthy, comfortable, and able to participate in or enjoy life events". QoL for the state is thus a metric (an average/median/...) of individual QoLs in that state. Within the state, individuals and groups (including the govt i.e. the state) can improve various aspects on QoL, usually via specific amenities (physical or "cultural" like safety/trust/...). They can also detract from it. Everything I said above follows from that.

Re:A bad grade that changed the U.S. constitution (2017) by techbio on Monday August 16, 2021 @03:54PM (#28202127)
I believe I have illustrated a mismatch between QoL for an individual and for a state in aggregate.

Your examples only illustrate simple behaviors, and do not show that there are negative and positive contributors, only isolated incidents any person can choose between, and whether or not this sums to a positive or negative person in relation to eg. their tax contributions.

At the state level aggregate, which is more relevant when talking about population flows with regard to differing state policies, each of your examples can fall under Simpson's Paradox and form a misleading picture.

You have, I believe, neglected to address the points made with respect to reversion toward the national mean for progressive state policies.

Edit: Say for example, two states A and B have identical QoL by whatever measures you choose. Then in an effort to improve QoL in their state, A offers free comprehensive healthcare, but state B does not. Some of the sick people in state B, having lower QoL for reasons of health and acting in their own interests, move to state A for treatment. Now state B, with fewer sick people registers a median increase in QoL. Perhaps state A registers a smaller increase than they had hoped for, and now bear an additional tax burden.

State B benefits by doing nothing. State A improves actual QoL for sick people. What am I missing?

Re:A bad grade that changed the U.S. constitution (2017) by sershe on Wednesday August 18, 2021 @05:53AM (#28219245)
> do not show that there are negative and positive contributors, only isolated incidents any person can choose between, and whether or not this sums to a positive or negative person in relation to eg. their tax contributions

How is "there are negative and positive contributors" different from "whether or not this [behavior] sums to a positive or negative person"? There's no reason Simpson's paradox would apply here; and, Simpson's paradox with respect to what? We are trying to find if a specific person X is a negative or positive contributor to local QoL.

Your example actually illustrates that and contradicts the first point - if we introduce a free service, let's say QoL would go up; someone moves in to abuse it, you admit QoL goes up less ("smaller increase than they hoped for") - that person is a negative contributor, all other things being equal. Or, if you say their net is still positive (no reason it would always be positive), then the original complaint - states punished for improving QoL - does not apply. They got rewarded by this positive net contribution, not punished, right?

As for the example itself, there's nothing "free" - someone pays the doctors providing healthcare, etc., and you could argue the payers' QoL goes down. If you don't limit how much people may have to pay (it's universal vs a limited number of taxpayers), their QoL can go down a lot. If it doesn't balance out and the state gets "punished", it's precisely because it's bad policy that doesn't improve QoL. The debatability of the merits of universal healthcare itself aside, the reason it may not be too bad on country level is because it's hard to move in to make use of it; it comes with status/residency restrictions, and also health-based immigration restrictions in some countries (like Canada, IIRC).

I do admit I generally think states can improve QoL much less than they think they can, and can degrade QoL much more than they think they will, but there are many things states can do (and have done in the past) that create good incentives and don't suffer from this problem. Most of them actually involve undoing things. Others involve things that incentivize more positive contributors than negative as 2nd order effect; be it safety, building certain kinds of infrastructure, etc.

Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Wednesday August 04, 2021 @09:57PM (#28068866)
The history of the US has been a history of power centralization for good reason, unfortunately. The experiment of decentralized state level authority has been found wanting to the tune of a civil war and a Great depression, both of which were addressed by centralizing federal power.
Re:A bad grade that changed the U.S. constitution (2017) by quantumBerry on Wednesday August 04, 2021 @10:03PM (#28068912)
Power centralization is rarely predicated on reasons that include the benefit of common man. The US doesn't appear much different in that regard, either.
Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Wednesday August 04, 2021 @10:14PM (#28068982)
There were two major events in US history that caused significant Federal power consolidation. Technically three, if you count the collapse of the government that was structured under the Articles of the Confederacy prior to the Constitution because it's lack of tax authority meant that it couldn't deal with the war debts that have been accrued from 1776 onward.

The first was the civil war, and federal power consolidated for obvious reasons. Easily half the states demonstrated that they could not be trusted to run their own affairs and protect the rights of the citizens enshrined in the Constitution.

The second was more subtle. The reinterpretation of the Constitution that occurred during the Great Depression granted the federal government the authority to regulate commerce within States under the interstate commerce clause. This authority drives everything from farm subsidies to drug regulation. It is a piece of federal power that people can reasonably argue about the virtue of, but in a modern comment deeply interconnected world it's reasonable to believe that the federal government needs limited central economic planning authority for the country to flourish.

Re:A bad grade that changed the U.S. constitution (2017) by quantumBerry on Wednesday August 04, 2021 @10:32PM (#28069102)
>Easily half the states demonstrated that they could not be trusted to run their own affairs and protect the rights of the citizens enshrined in the Constitution.

So instead we have a more centralized federal government that cannot be trusted to protect the rights of the citizens enshrined in the Constitution ( that same post civil war government interned the Japanese, allows police to search any vehicle with the "signal" of a dog, and instead of enslaving blacks just disproportionately tosses them to wither away in prison instead. Instead of enslaving brown people here, now our kinder gentler federal government just blow them up in foreign countries instead. )

>The reinterpretation of the Constitution that occurred during the Great Depression granted the federal government the authority to regulate commerce within States under the interstate commerce clause. This authority drives everything from farm subsidies to drug regulation.

That's the first time I've seen the war on drugs used to justify the centralization of power. I suppose we need a new civil war against the "untrustworthy" states that have legalized marijuana so affairs can be run the right way.

It's pretty "reasonable" to believe the federal government DOESN't need the authority they currently have.

Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Wednesday August 04, 2021 @10:52PM (#28069248)
You make an excellent point regarding federal drug law as it relates to state-by-state legalization. It's fascinating that here we have a case of the executive blatantly refusing to enforce the law, but Congress also blatantly failing to press the issue (which they could) because they know doing so would be incredibly unpopular... But at the same time, refraining from codifying that policy into law, because doing so would be incredibly unpopular with the percentage of the electorate that still believes marijuana should be illegal.

It's weird to watch.

Re:A bad grade that changed the U.S. constitution (2017) by macintux on Wednesday August 04, 2021 @10:50PM (#28069230)
> that same post civil war government interned the Japanese, allows police to search any vehicle with the "signal" of a dog, and instead of enslaving blacks just disproportionately tosses them to wither away in prison instead. Instead of enslaving brown people here, now our kinder gentler federal government just blow them up in foreign countries instead.

I would say the 1st and last examples are examples of the federal government making a very bad call. The others are primarily the fault of local governments.

Re:A bad grade that changed the U.S. constitution (2017) by retrac on Thursday August 05, 2021 @12:46AM (#28069966)
There was another but we're still grappling with it. Nuclear weapons, and modern weaponry, the needs of real-time modern war, have transferred powers to the Executive that did not exist before in practice. It was never intended, after all, for the President to, semi-literally, have a button to press that ends the world. It arose dynamically out of a changing response to the needs of the early cold war, and has become effectively part of the unwritten constitution, without it ever really being explicitly considered how it should fit into the puzzle.
Re:A bad grade that changed the U.S. constitution (2017) by jjlustig on Wednesday August 04, 2021 @11:29PM (#28069510)
Your also forgetting the 16th amendment (federal income tax). This arguably was the critical aspect in increasing federal power.
Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Wednesday August 04, 2021 @11:34PM (#28069550)
It does seem that the history and political coalitions leading to it are wildly underdiscussed
Re:A bad grade that changed the U.S. constitution (2017) by BeFlatXIII on Wednesday August 04, 2021 @11:29PM (#28069505)
How did a lack of federal power cause the Great Depression? I can see how it took a strong Federal government to do that the states could not to end the Depression, but not how that lack of power was a cause of getting into that specific mess.
Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Thursday August 05, 2021 @07:48AM (#28072386)
Lack of federal power didn't cause the Great Depression, it showed that there were peacetime problems that states operating economically independently could not address.
Re:A bad grade that changed the U.S. constitution (2017) by minikites on Wednesday August 04, 2021 @10:22PM (#28069028)
How well did the states do at running their own vaccine programs? How well did it work when some states recognized gay marriage and others did not? Having nationwide consistency is important for many issues.
Re:A bad grade that changed the U.S. constitution (2017) by Causality1 on Wednesday August 04, 2021 @10:26PM (#28069061)
The gay marriage issue is a great example of exactly the opposite of your point. States one by one recognizing gay marriage and proving that it wasn't going to cause the collapse of society is the only reason it was recognized on a national level. The same process is currently happening with marijuana prohibition.
Re:A bad grade that changed the U.S. constitution (2017) by achenatx on Wednesday August 04, 2021 @11:40PM (#28069603)
the first amendment says "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;"

the federal govt should have zero benefits tied to marriage. By having benefits tied to marriage they have essentially established religions that have male-female marriage as the default religion of the country.

if taxes, inheritance etc were not tied to marriage and instead were done with standard contracts between 2, 3 or N people (civil unions). Then the marriage problem would go away.

Re:A bad grade that changed the U.S. constitution (2017) by rayiner on Thursday August 05, 2021 @12:52AM (#28069999)
Your reading is basically that the first amendment prohibits an otherwise permissible state law because voters support that law based on their belief in Christianity. But it would be fine for voters to support a law based on their belief in say socialism or secular humanism. That’s exactly backward—it singles out religious faith as an improper basis for supporting an otherwise permissible law.

Regardless, that clause is about the federal government not interfering with official state churches (“establishments of religion”) which existed until the 1830s.

Re:A bad grade that changed the U.S. constitution (2017) by pyuser583 on Wednesday August 04, 2021 @10:57PM (#28069280)
But that only happened after the Supreme Court ruled the Defense of Marriage Act to be unconstitutional.
Re:A bad grade that changed the U.S. constitution (2017) by minikites on Wednesday August 04, 2021 @10:31PM (#28069097)
>States one by one recognizing gay marriage and proving that it wasn't going to cause the collapse of society is the only reason it was recognized on a national level.

You're leaving out the massive fights from states that did not want to recognize gay marriage, which could have easily gone the other way. The same process will repeat with marijuana prohibition and the states fighting it may succeed this time. What would have happened if gay marriage stayed as a patchwork of legal statuses? What will happen in the long run when marijuana is legal in many states but continues to send you to prison for decades in others? This is not a stable situation and the exact reason we need the federal government to do things instead of leaving it up to the states.

Re:A bad grade that changed the U.S. constitution (2017) by thesuperbigfrog on Wednesday August 04, 2021 @11:33PM (#28069542)
>> we need the federal government to do things instead of leaving it up to the states.

Unless it concerns powers specifically given to the federal government by the US constitution that would be unconstitutional: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." (10th Amendment).

If you do not like the laws in your state, vote to change the laws.

If you do not like the laws in other states, discuss and persuade the voters of those states to change their laws.

Re:A bad grade that changed the U.S. constitution (2017) by rat87 on Wednesday August 04, 2021 @11:50PM (#28069663)
this is dead wrong

The constitution is a broad documented to be interpreted

It's not a step by step manual or grocery list

> If you do not like the laws in other states, discuss and persuade the voters of those states to change their laws. Or better yet and occasionally easier get the federal government to change the law for the whole country, benefiting everyone

Re:A bad grade that changed the U.S. constitution (2017) by Causality1 on Wednesday August 04, 2021 @11:03PM (#28069327)
Why do you think the federal government is going to make smarter decisions than the average state government? I don't want to roll the dice on the feds making the right call every time. When the government makes a bad call I want the option of leaving and going somewhere less dumb. That's not an option if the dumbassery comes from Washington. It was federal overreach that made DOMA possible in the first place, as well as marijuana prohibition.
Re:A bad grade that changed the U.S. constitution (2017) by minikites on Wednesday August 04, 2021 @11:09PM (#28069374)
>When the government makes a bad call I want the option of leaving and going somewhere less dumb.

This is only an option for the most privileged among us. What are the options for someone who is gay and doesn't have the means to move to a less bigoted state?

Re:A bad grade that changed the U.S. constitution (2017) by rayiner on Thursday August 05, 2021 @12:44AM (#28069956)
Moving to another state in America is something poor people do all the time. Regardless, does a modest cost in a small minority justify putting 9 elites in DC in charge of the moral law of the whole country?

The right of people to govern themselves is important even if we disagree with how they do it. Note the EU Human Rights Court came to the exact opposite conclusion a year after Obergefell, finding no right to marriage for same sexual couples under the EU convention on human rights.

If you look at constitutional law in western Europe, no country has a court that intrudes as much into social issues as the US Supreme Court.

Re:A bad grade that changed the U.S. constitution (2017) by Causality1 on Wednesday August 04, 2021 @11:15PM (#28069415)
Far greater than the options of someone who is gay and would have to move to a different country instead of just a different state. For example, the existence of sanctuary cities for undocumented immigrants is entirely dependent on a lack of federal power to override the will of the states.
Re:A bad grade that changed the U.S. constitution (2017) by Texasian on Wednesday August 04, 2021 @10:16PM (#28068987)
* Offer only applies to straight, white men not romantically entangled with a person of color. Offer void where prohibited.
Re:A bad grade that changed the U.S. constitution (2017) by sigzero on Wednesday August 04, 2021 @09:28PM (#28068660)
That is what was supposed to happen. The Federal level has way too much power today.
Re:A bad grade that changed the U.S. constitution (2017) by voidfunc on Wednesday August 04, 2021 @09:48PM (#28068808)
Yes, unfortunately "states rights" has become a rallying cry for racism and hatred, but the original framing of this country is that the state's are basically supposed to be much stronger than the Federal government.

I don't really know whether we can unwind the federal governments grasp on things without basically destabilizing the whole thing though at this point (and admittedly, I'm not sure the majority would want to).

Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Wednesday August 04, 2021 @09:57PM (#28068875)
It's worth noting that the original plan was for even less Federal power, and that one fell apart almost immediately.

Power has been moving in a central direction ever since.

Re:A bad grade that changed the U.S. constitution (2017) by jessaustin on Thursday August 05, 2021 @07:59AM (#28072469)
Not so much "fell apart" as "intentionally overthrown by capitalists when they didn't agree with policies determined through democracy". Madison and his co-conspirators didn't approve of the deliberate currency depreciation and other measures voted in by farmers who fought, unpaid, for years in a war that benefited rich elites and came home to find their farms repossessed by debtors and tax collectors. So long as the various states operated as competing democracies, they were subject to the wishes of their citizens. The constitution, written in secret by a cabal of rich white men, put an end to all of that, as it was intended to do.
Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Thursday August 05, 2021 @09:16AM (#28073298)
So long as the various states operated as competing democracies, they couldn't pull together into one country.
Re:A bad grade that changed the U.S. constitution (2017) by jessaustin on Thursday August 05, 2021 @05:42PM (#28080321)
Yeah, that was the original idea. United States would menace the rest of the world a lot less if it weren't truly united.
Re:A bad grade that changed the U.S. constitution (2017) by shadowgovt on Thursday August 05, 2021 @07:51PM (#28081558)
Alternate history speculation is a fool's game, but a fun one. ;) It's also extremely likely that the (states that make up the) United States would be the territory of other powers if it hadn't united.

It's interesting to speculate on how much of the colonies Britain would have won back in the War of 1812 if it hadn't faced a unified front, or what a powerful France would have done in world history if it had never made the Louisiana purchase sale to the United States because there would have been no United States to make the sale to (or, for that matter, what a powerful Spain would have done if France had made the sale to Spain instead, expanding the Mexican holdings). Or how long slavery would have lasted in North America if there had been no pressure of maintaining a national-scale rule of law to bring disagreements between Northern and Southern states to the point of a military conflict.

Re:A bad grade that changed the U.S. constitution (2017) by deertick1 on Wednesday August 04, 2021 @10:25PM (#28069051)
Since when has "states rights" become a rallying cry for racism or hatred?

I'm really tired of people saying stuff like this : <insert vaguely conservative stance here> has become a rallying cry for racism and transphobia and bigotry.

Its really obnoxious and disingenuous. Give me one example of someone using states rights as a call for racism and hatred.

My guess is you probably only said what you just said because you've read enough articles by blue-haired liberal arts graduates with a sub 100 IQ.

Re:A bad grade that changed the U.S. constitution (2017) by bloaf on Wednesday August 04, 2021 @11:40PM (#28069602)
At least since the civil war.

> Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union

> The people of the State of South Carolina, in Convention assembled, on the 26th day of April, A.D., 1852, declared that the frequent violations of the Constitution of the United States, by the Federal Government, and its encroachments upon the reserved rights of the States, fully justified this State in then withdrawing from the Federal Union...

> The guaranties of the Constitution will then no longer exist; the equal rights of the States will be lost. The slaveholding States will no longer have the power of self-government, or self-protection, and the Federal Government will have become their enemy. Those States have assume the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property established in fifteen of the States and recognized by the Constitution; they have denounced as sinful the institution of slavery; they have permitted open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States.

https://www.battlefields.org/learn/primary-sources/declarati...

Re:A bad grade that changed the U.S. constitution (2017) by voidfunc on Wednesday August 04, 2021 @10:53PM (#28069253)
> Its really obnoxious and disingenuous. Give me one example of someone using states rights as a call for racism and hatred.

https://en.m.wikipedia.org/wiki/National_States%27_Rights_Pa...

Re:A bad grade that changed the U.S. constitution (2017) by macintux on Wednesday August 04, 2021 @10:47PM (#28069215)
> Its really obnoxious and disingenuous. Give me one example of someone using states rights as a call for racism and hatred.

https://en.wikipedia.org/wiki/Orval_Faubus#Little_Rock_crisi...

> In a 1985 interview with a Huntsville Arkansas student, Faubus stated that the Crisis was due to an "Usurpation of power" by the Federal Government.

Re:A bad grade that changed the U.S. constitution (2017) by vmception on Wednesday August 04, 2021 @10:28PM (#28069071)
Little did they know that all commerce would be interstate commerce by the 20th century

The Federal government has subjugated all states, and merely tolerates their grasps at 10th amendment autonomy as it derives power from the collection of states. But it is more well funded, controls the currency, and has more land and resources under its title. States don't matter.

Re:A bad grade that changed the U.S. constitution (2017) by chmod600 on Wednesday August 04, 2021 @11:30PM (#28069522)
You're mistaken. Everything is interstate commerce, whether commerce or not.
Re:A bad grade that changed the U.S. constitution (2017) by vmception on Thursday August 05, 2021 @10:53AM (#28074539)
Haha yes Supreme Court has gone that direction over the last century.
Re:A bad grade that changed the U.S. constitution (2017) by deelowe on Wednesday August 04, 2021 @09:49PM (#28068819)
The states really screwed this up when certain ones decided their love for cotton and hatred for brown people was more important than their sovereignty.
Re:A bad grade that changed the U.S. constitution (2017) by pyuser583 on Wednesday August 04, 2021 @10:58PM (#28069289)
The federal government had no problem with slavery. It was clearly enshrined in the Constitution.
Re:A bad grade that changed the U.S. constitution (2017) by int_19h on Thursday August 05, 2021 @12:02AM (#28069740)
Slave states complained that the feds weren't doing enough to force the free states to abide by the fugitive slave laws, to give one example.