Any thoughts on how effective Kansas' proposed "allowed discrimination of gays" for private business owners will hold up, if enacted? My thought is that, despite there being a ton of bad precedent regarding the Commerce Clause, private business owners should not be required to obey the 10th amendment, just as Facebook isn't obligated to respect my First amendment right, though I find it curious that they put the 10th up against the 1st, such that only those of a "sincerely held faith" may choose to discriminate, as I think it should be allowed for all private business owners.
However... wouldn't it be nice if the Supreme Court ruled that:
1. All of the Constitutional rights must be protected by states & localities as well.
2. The Commerce Clause is legitimate.
And left the rest to the states? No significant Federal control of drug laws, drinking age, blah blah blah...
I would be so happy.
From there, Supreme Court precedent told the states they couldn't keep blacks from voting, couldn't segregate them, couldn't ban interracial marriage, etc. Every time the states tried to oppress this or that group, they put their sovereignty on the line and the Supreme Court took some of it away. Consider when the governor of Alabama, George Wallace, took a stand against federal court ordered desegregation of the University of Alabama. President LBJ sent federal troops down to Alabama to enforce integration. From a state autonomy standpoint, it was a huge blow, as the federal government asserted its supremacy. The governor of Alabama was forced to step aside on the property of a state university as National Guardsmen escorted black students inside against his will and that of Alabama voters: http://partners.nytimes.com/library/national/race/061263race.... This continued through the 1960's and 1970's. The state courts were put in their place when the federal courts started aggressively supervising their procedures, to deal with their tendency to fail to give fair trials to black defendants.
Federalism is dead because the states pissed away all of their political capital trying to oppress people.