REFLECTIONS

Posted on August 5, 2010

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SHOULD LAWS BE LEFT TO THE FEDS?

It is possible that Missouri state laws will become nil and void after three issues are decided by the courts and possibly the Supreme Court.

And  it has become common place for the federal government to sue a state.

We are waiting for the federal government to sue Missouri after two thirds of the voters overwhelmingly passed Proposition C in the Republican primary. Few Democrats voted in their August primary because there were few races. The state Republicans voted against what they called Obama Care just like Congressional Republicans voted “no” on the Democrat passed health care reform bill.

Prop C was said to be for freedom to choose whether or not to have health insurance, and it is ironic that Prop C supporters said being  forced to buy health insurance may be unconstitutional.

Four other states will vote on this issue in their primaries, and about 20 states have filed law suites against the health care reform bill.

Nevertheless, the constitution supremacy clause says federal law trumps state laws.

In another case a federal judge has overturned California’s voter approved same sex marriage ban in a landmark case that could eventually land in the Supreme Court. The judge ruled same sex marriages are legal on constitutional grounds. The judge ruled that under the constitution gays have rights and equal protection and due process.

It is possible that the overturning of the law in California eventually could lead to the demise of state prohibitions against gay marriage in states such as Missouri.

Also, a federal judge cut down several provisions in Arizona’s immigration law in a federal law suite against that state. It is only the province of the federal government to enforce immigration laws and regulations.

In a poll over 60 percent of Americans favor the Arizona law, and several other states and cities are enacting similar laws.

Regardless of how these three issues finally turn out in the courts, many people in Missouri will be unhappy.

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