State vs. Federal Law Debates

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Photo Credit: Joe Ravi

With a new administration in the White House and a completely right-wing government in place, the battle of state versus federal rights will be blazing now more than ever. Conservatives are in power and a Supreme Court seat is open. All that we can hope for is the blessing of a non-activist judge to be put in place. Laws will soon be challenged and the Supreme Court will be the last line of defense between oppression and citizens. When it comes to basic rights guaranteed to all, the states tend to have always been on the wrong side of history.

When trying to give everyone equal rights, the nature of the federal government is slow to act. A simple observation of history proves this. Look at slavery, perfectly legal and while a few states banned the atrocious act of owning other people, it took the federal government longer to take its stance. The argument was over the rights of the states to decide what was legal and what was not. States oppressed African-Americans, the LGBT community and minorities of all kinds and they continue to do so. It is apparent that they cannot be trusted to decide what rights people have because they always seem to have bias in their decisions. Yes, it is the duty of the state to do what is best for the state but that cannot come at the cost of the rights of others.

Imagine a world in which every state acted solely upon its own accord without regard to federal intervention. Imagine a world where segregation could possibly be in place. Imagine a world where if two individuals want to marry, they will have to move halfway across the country in order to do so. There are numerous instances of ways that states have managed to oppress people and this cannot continue further. Sadly, with our current administration, conservatives will pick and choose what should and should not be up to the states. Medical Marijuana? It better watch out. The Trump Administration will be cracking down on it even though states are seeing a better view towards it. LGBT protections from discrimination and harassment? According to them, that should be an issue that states decide to handle and we are already seeing how quickly these people’s lives are being negatively impacted by the views of the states.

The solution to all of this is ridiculously simple. Do not allow the individual states to decide the basic rights of people. Any issue taken with someone’s rights being infringed upon should be decided by the federal government. Throughout history, bills have been passed and laws have been challenged all to give every individual in this country the same rights and liberties that everyone else enjoys. Even with our current administration, resistance can happen and it needs to happen. If you do not stand up when someone else is oppressed, who will be there when they come for your rights? Nobody in the “land of the free” should have their rights limited due to the close-minded thinking of others. Diversity is our strength and it should never be used as a reason to discriminate.