Monday, August 07, 2006

On the bidirectional division of govenment

Be warned: it's a little longer than I intended.

On the separation of the powers of the government of the United States of America:

Firstly, as most are aware, the government is split into three branches: executive, legislative, and judiciary. These titles indicate their Constitutional (not always current, but proper) role. The legislative branch is to make the laws of the land, presumably in the interests of their constituents. The executive branch is responsible for the enactment and enforcement of these laws, regardless of its opinion of said laws. The judicial branch serves to punish crime; redress grievances; and examine and adjudicate whether these laws fit within the powers given the government by its Constitution.

Secondly, as many these days seem to have forgotten, the government of the United States is also divided geographically into federal, state and local governments. Why is this so important? Why not have the same laws everywhere?

The answer is simple: the rights and wills of men are so varied that a single level of government would either end yielding anarchy or totalitarianism. There would be no middle ground on things, as all issues would apply everywhere, even when there is no need for such. Laws regarding armadillos are ridiculous in states such as Alaska, as are ones regarding moose in Florida. But what things are appropriate to legislate at each level? What are truly federal, state, and local issues?

Federal issues are those which are universal across the nation. The federal budget, defense, interstate commerce, federal lands (parks, etc.) and foreign relations are the key aspects of federal issues. The State level is truly where moral issues should come into play, and to a greater extent at the local level. Thus, at the state level, marriage, drug, abortion, education and gun laws should come into play much more than at the federal level, where they are abused and universalized.

Keep in mind, I am not saying I am pro- abortion, gay marriage, drug use or any of these: I am saying they should not necessarily be federal issues. If 15 states want the same law, they should draft similar bills within their state legislatures, not force the issue on all 49 state and one commonwealth (Massachusetts is technically not a state). If a large city and its suburbs within a physically large state want a specific law, such as Illinois or New York, such measures should be made at the level of county or city, not pushed to the state level by dint of population.

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This work is licensed under a Creative Commons Attribution 2.5 License.