gut;960173 wrote:I understand and respect the position and logic, I just struggle to justify the inefficiencies and other issues allowing states to decide this individually. I get that 200 years ago the goal was to keep the federal govt from having too much power, but the states were far more independent with most cities a few days travel or more from another city. Now you outlaw abortion and someone can drive 30 minutes west or even hop on a plane to Canada.
The goal isn't to keep it from happening, though, so driving for an afternoon to another state isn't a problem for the person involved OR for the constituency of either state. If Ohio makes it illegal, but Kentucky is cool with it, how does it confound Ohio that someone heads down south to get it done?
It's essentially a case of "not under my roof" in a statewide sense. Just as you are free to allow or restrict things in your own home that are not expressed in local laws, a state should be free to allow or restrict things within their own borders that are not expressed in federal laws. Moreover, your neighbor doing or allowing things you don't like doesn't mean that said neighbor should be forced to stop it.
gut;960173 wrote:And I can't reconcile how, in the USA, a gay couple's marriage can be recognized on spot "X" and not recognized two steps to the right across the state line.
Well, the problem here is that marriage is governmentally sanctioned at all, but that's really a separate matter.
gut;960173 wrote:There's so much mobility today, even just with jobs not to mention travel and moving to new states, that our society IS becoming more homeogenous (relatively speaking) and that SHOULD dictate more uniformity in laws.
I would suggest that the mobility simply allows for more freedom to live in a place that has laws that fit your own respective tastes. If you have some dire need to keep teh gheyz from marrying in your state, you are free to live in a state where that is the case, should one exist at the time. That doesn't mean, however, that your taste should dictate the actions or opinions of everyone else.
gut;960173 wrote:I have NEVER thought of myself an Ohioan first and American second. Now ignorance of the law is no excuse, and while it may not affect a traveler, it seems really moronic to have to learn and comply with different state laws everywhere I do business.
What prevents this from being the same argument for an international traveler, regardless of how you recognize yourself first?
gut;960173 wrote: What I would propose, instead, is that some of these issues be put to popular vote rather than decided in a Congress based on back-room deals.
It's not an either/or situation, though, and each presents a problem. One leaves the law up to corruption, but the other shows little protection for the rights of the potential minority. If one state finds abortion to be against the rights of an unborn citizen, but another finds it to be in keeping with supporting the personal rights of the mother, why should either one be forced to accept the other just because people in a few states (potentially not even nearby) agree with the other?
gut;960173 wrote:If you want abortion to be illegal, let 50.1% of the US population say so (which I doubt ever happens and why this should be a dead issue).
So, the rights of the minority (whether established or pending establishment) get trampled because most people in the country wants them to be? Might makes right, in a sense?
Would you, or anyone who agrees with you, still be just as okay with this if it started infringing on your daily life in a negative way? If the majority of the country ends up saying the food currently served at fast food restaurants is unhealthy and should be illegal, they're usurping your own ability and right to make choices. If they say you are legally bound to force your children to play a high school sport because exercise is good for them, they are ostracizing your ability to make choices as a parent. Conversely, if they ban high school athletics in an attempt to preserve self esteem, they do the same.
gut;960173 wrote: The whole concept seems rather stupid and wasteful to me. People aren't going to uproot their family because their state decides for or against abortion or gay marriage.
Off the top of my head, I know three gay couples who have done just that. Families unaffected by the issues may not, but families affected by it very well might.
gut;960173 wrote:They really aren't affected by it either way beyond a false sense of moral stewardship. Again I go back to being an American first and Ohioan/Michigander second ...
Which is fine, because the constitutional authorities granted to the federal government DO supersede those at the state and local levels. They are simply limited in scope, and with good reason.
gut;960173 wrote:... but I think the practical reality is there are some things that make more sense to do on the federal level and others on the state level.
First, who gets to decide "what makes sense," and who determines whether or not the justification for it "making sense" is worthy to make it a federal issue?
You might not agree, but when in doubt, I'm much more comfortable erring on the side of less federal power than more federal power.