Weena wrote:
Which talks about government discrimination, in a nutshell. The problem with applying the 14th amendment to homosexuals is that homosexuality is a behavior. Being black is not a behavior, one cannot refuse to engage in being black. Whether homosexuality is nature or nurture (I think it's mostly the former with a little of the latter), it's still a behavior.
If you can apply the 14th amendment to homosexuality, then what's to stop smokers from claiming they've been unconstitutionally discriminated against? What's to stop me as a single person from claiming I've been discriminated against. I don't get any tax breaks or special benefits. Why? Because I'm single. I can't change into someone who wants a relationship, therefore I should get equal treatment.
You're doing what I described which is perceiving the Constitution in terms of imagery and not what it literally says.
The 14th Amendment says nothing about "discrimination" or "behavior". What it does say is both broader and more elegant:
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...No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Regarding your rhetorical question about gays vs smokers, the answer in both cases is the same: the state cannot infringe on the "privileges and immunities" of those citizens or "deny equal protection of the laws". To refuse legal protection or access to govt services etc to smokers and gays is equally illegal.
The Amendment was ratified in 1868. Jim Crow (equal treatment before unequal laws) remained valid until the Civil Rights Act (a
federal law) overturned those
state laws in 1965. That's the history of "states' rights" for you.
By the same token, many states have harsh anti-smoking laws. Equal treatment before unequal laws is perfectly legal because there's no federal law to the contrary. If there were federal laws protecting the "Right To Be Stupid" then the superiority of federal law would apply.
You not receiving "benefits" as a single person falls under the same category. You are treated equally before unequal laws. Except again you are confusing imagery for facts, single individuals are far better off than families for the many reasons I have already described.
Curiously enough this continues the general constant of those most preferred by the status quo having this attitude that they're getting a raw deal for reasons they can't define.
Weena wrote:
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Show me - when and where has states' rights ever been invoked to defend a good cause?
The ratification of the 14th amendment would probably serve as a good example of states supporting a good cause.
duuuuurrrp
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Ratification of the Fourteenth Amendment was bitterly contested: all the Southern state legislatures, with the exception of Tennessee, refused to ratify the amendment. This refusal led to the passage of the Reconstruction Acts. Ignoring the existing state governments, military government was imposed until new civil governments were established and the Fourteenth Amendment was ratified.
I asked "do you know how this was ratified" for good reason. You assumed that the history fits your ideological preconception but in reality you are simply ignorant. It was "ratified" because it was rammed down the throats of the "states' rights" people literally at gunpoint, because they wouldn't agree any other way.
Weena wrote:
It really depends on your definition of a good cause. You probably think going greener is a good cause, and California jumped on board with that. One might think drilling to prosperity is a good cause, and if they do, they can move to ND (even though it isn't so much as ND promoting drilling as it is much of ND being privately owned.)
The matter of contention regarding "states' rights" is whether federal laws override state governments. The Feds passed laws regarding air quality. CA passed stronger laws. "States' rights" isn't in play because the federal laws are still in observance. If we were to examine CA's air quality laws as a states' rights issue, the CA laws would have to be
less restrictive than the Feds.
Oil exploration is an example contrary to your position. On more than a few occasions, states have made the choice to drill for oil and things have gone awry. When that happens, do you think those states stoically clean up their own mess - do you think they're even capable of doing so? - or do they cry to the Feds to solve their problems for them?
Go look at the BP disaster and Superfund. States made terrible decisions because of "hurr durr states rights" and the Feds cleaned up the mess. The alternative would have been to let those states turn into third-world countries.
The state migration argument has also been proven invalid. The Dust Bowl was caused by some states making terrible resource management decisions. Their citizens exhausted the land then tried to move to other states, which were none too happy about having a bunch of reprobates show up on their turf. (I'm guessing you still haven't read
The Grapes of Wrath, which describes this in great detail)
The "well the market will fix it" argument doesn't work either. The Dust Bowl and BP disasters came on the heels of tremendous prosperity by taking inordinate risks and exploiting resources in an unsustainable way. The market will only "fix it" when every river is polluted, when every forest has been cut down, when every mine has been exhausted, and when every family has been reduced to penury. Until then, "the market" will always favor those willing to take the biggest externalities.
"Drilling to prosperity" is bullshit. It doesn't work that way in Saudi Arabia or Russia and it doesn't work that way here either. The West Virginians have turned half their state into a moonscape and gotten no long-term benefits. Mississippi managed to wipe out their crayfish economy with an oil spill but were they ever any closer to breaking out of third-world status?
Whether it's Saudi sheiks, Russian moguls or American fat cats, the constant remains, "prosperity" based on exploitation is only for the fat cats, supported by useful idiots.
So I'll ask you again. Can you give me a good example of a "good cause" associated with "states' rights"?
And I'll also ask you a question - again - that I have asked you at least three times and you have never answered in any form.
Where do you get your ideas? A book, TV, what? And why is it that no one who isn't American and basically uneducated thinks this free market/libertarian/states' rights crap isn't malarkey?
Weena wrote:
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What subsidy? Married couples pay higher taxes than unmarried individuals.
Married couples get tax breaks at a federal level, and I don't know of any state without tax breaks.
What tax breaks?