This is a thought piece -- asking questions, seeking open discussion
(vs dogmatic polemics), not the expression of a firm POV.

What do the items in the title have in common? The issue is at what
level of government should decisions primarily be made. And when
should decisions be made at a higher broader level, compared to "local
issues". This was a key issue for the founding fathers as well as the
current constitution makers in Iraq. 

Its relevant for FF -- hog farm laws being made at the state level,
overriding local preferences and ordinances. Its relelvant to pot
smokers -- a metaphor for most perosonal freedom and victimless crime
issues. (See story on local ordinance in Telluride 
CO, to make marijuana laws the lowest priority for LE -- similar to
exisiting initiatives in Seattle and Oakland.)
http://www.telluridegateway.com/articles/2005/10/21/news/top_stories/news02.txt
Its relevant for Roe vs Wade -- which may come before a Roberts /
Miers Supreme Court -- and for the first time in over 30 years, could
face reversal. Though it should be noted, the overturn of Roe v Wade,
contrary to popular belief, would not outlaw abortion. It would simply
allow states to make their own laws on the matter.  The overturn of
Roe v Wade would surely not affect the legality of abortions in
California and New York. It might affect it in Alabamba and Missisippi.

As a starting point, a reasonable premise appears to be that all laws
and regulations should be at the most local level possible -- unless a
clear case can be made that citizens in other communities, or the
state as a whole, or the nation as a whole are adversely affected by a
local ordinance.

Classical exceptions would be violations of the guaranteed freedoms in
the Bill of Rights and the collective will of the national and state
constitutions. As well as federal and state laws and regulations. But
how many of such, particularly the the latter, can make the clear case
that that citizens in other communities, or the state as a whole, or
the nation as a whole are adversely affected by a local ordinance? And
that the state and federal law is not simply the result of power
politics in which a vested interest has sought and gained some
economic or political advantage by  forcing its agenda on all
localities through laws at the state orfederal level?

It would appear that the hog farm state law is an example of the
latter. Hog farmers presumably have a strong lobby in the state and
were able to impose their interests on the whole -- even thought it
clearly violates the will of locals and their interests -- as is the
case in FF. The ambiance, spiritual nature and certainly aroma of the
town may be destroyed -- along with the economy and housing market, 
because hog farmers have free reign to set up shop anywhere in the state.

It would appear that state and federal pot laws are an example of the
latter, driven by economic interests -- alcohol producers and
distributers, and moral interests, those who seek to impose their
sense of morality on all others. What does it possibly affect other
Colorado towns if Telluride essentially legalizes (beyond
deriminalization) pot laws? How does it possible effect the country as
a whole. Yet such a local ordinance would be at odds with both state
and federal law. Are federal and state interests really affected? And
should they have the power to superceed local interests and preferences?

Above are arguments for local decision making in hog farming and pot
--  these being representative issues-- more broadly symbolic for  a
large spectrum of state and federal laws that impose on local
interests. What then are the argument for universal abortion rights,
over the interests of local intersts in which a majority feel such is
immoral? Raising such a point makes me cringe -- Roe v Wade is
ingrained in me as "gospel" -- but raising the issue is a reasonable
extension of topic: local interests vs state and federal imposition of
larger interests. 

For example, if abortion rights were decided on a local level, as is
alcohol sales -- not equating the two -- a patchwork of legal and non
legal counties or towns would emerge. I imagine most blue states would
be virtually the same as today -- with universal abortion rights. Red
states may be more of a patchwork. Would a womans right to choose be
severely restricted in such a framework? Not at all in "blue states".
In red states, woman in perhaps a third of towns or counties would
have to travel to other counties or towns for an abortion. Or move
there if they felt their general freedoms were compromised. This would
appear to be an inconvenience, not a absolute restriction of abortion
rights. And communities that strongly feel abortion to be a sin, while
I don't agree with them, would have the sanctity of their local wills
preserved.

What about efficieny? A common problem with a patchwork of local laws
is that it takes more effort to know the local laws when traveling. Or
for firms doing business state-wide or nationally-- across many
localities and their different statues. The EU has motivated / forced
concensus  and standardization of many laws -- those pertaining to
trade and commerce -- across diverse nations, often with much local
discontent, in order to gain effeciency and economic ompetitiveness.
However, hog farms, pot smoking, and abortion rights -- and the
broader  spectrum of laws such examples represent, don't seem to fall
under the efficiency umbrella.

Local autonomy and diversity or uniformity and higher level imposition
of wills? 





------------------------ Yahoo! Groups Sponsor --------------------~--> 
Get fast access to your favorite Yahoo! Groups. Make Yahoo! your home page
http://us.click.yahoo.com/dpRU5A/wUILAA/yQLSAA/JjtolB/TM
--------------------------------------------------------------------~-> 

To subscribe, send a message to:
[EMAIL PROTECTED]

Or go to: 
http://groups.yahoo.com/group/FairfieldLife/
and click 'Join This Group!' 
Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/FairfieldLife/

<*> To unsubscribe from this group, send an email to:
    [EMAIL PROTECTED]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/
 


Reply via email to