May 22, 2009
THE LIMITS OF FEDERALISM.... Earlier this month, the D.C. City Council voted 12 to 1 to recognize same-sex marriages from states that have already passed marriage equality laws. The next day, Rep. John Chaffetz (R) of Utah, the ranking Republican on a House Oversight and Government Reform subcommittee that oversees the District, vowed to intervene.
Mike Madden reports that the right's efforts began in earnest yesterday.
A group of conservative House members who believe in limiting federal involvement in local affairs introduced legislation Thursday that would block Washington, D.C., from recognizing gay marriages performed elsewhere in the United State. The bill would overturn local legislation that the D.C. Council passed last month. The nearly three dozen small-government conservatives who sponsored the House bill evidently decided the risk of letting gays and lesbians marry was far more dangerous than whatever evil might come from letting the federal government muck around with local business.
"The family is truly the foundational institution of our nation, and marriage is its cornerstone," Rep. Jim Jordan, an Ohio Republican, said in a statement.
Yes, one of the bedrock federalist principles of conservative lawmakers is the notion that the federal government shouldn't interfere in local matters like these. And yet, we have conservatives from Ohio, Utah, Oklahoma, and elsewhere, deciding that the elected representatives of the District of Columbia are incapable of representing the constituents who elected them to public office. How D.C.'s city council governs in D.C. is fine, just so long as conservative lawmakers from far outside D.C. approve.
Or, put another way, Republican principles go right out the window if the question involves gays or guns.
For what it's worth, this conservative effort, co-sponsored by a couple of center-right Democrats, isn't likely to go anywhere. To override the decision of the city council, the measure would need to be passed by both chambers and signed by the president.
It seems likely, then, that on this purely local issue, D.C. will be able to run its city the way it sees fit.
—Steve Benen 2:20 PM
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Yes, one of the bedrock federalist principles of conservative lawmakers is the notion that the federal government shouldn't interfere in local matters like these.
This principle has always, always, always been null and void with respect to the District. It is Congress's plantation and the right wing crowd loves jerking it around
Posted by: martin on May 22, 2009 at 2:27 PM | PERMALINK
Hey, you finally noticed the gay clause: the federal government shouldn't interfere, unless such interference will produce oppression of gays.
Posted by: Personal Failure on May 22, 2009 at 2:31 PM | PERMALINK
"The family is truly the foundational institution of our nation, and marriage is its cornerstone," Rep. Jim Jordan, an Ohio Republican, said in a statement.
Actually, no. The foundational institution of our nation is "the people" - as in "We the People" - whjich means ALL People. There is nothing in the Constitution or anywhere else about the founding of our nation that puts "the family" and "protecting the family", etc., etc. as paramount above everyone and everything else.
This is but another example of right wingers taking their special pet values and jumping through all sorts of rhetorical hoops to force them on the rest of us.
Posted by: Andy on May 22, 2009 at 2:31 PM | PERMALINK
Unfortunately, D.C. is not a state, so "state's rights" do not apply. "Local control" is not a conservative value, that is something advocated on the left, not to be confused with rightwing state's rights rhetoric.
Posted by: Vicki Linton on May 22, 2009 at 2:32 PM | PERMALINK
If this fails, you can expect Michelle Bachman to introduce legislation moving the nation's capital to some more central location - like maybe South Carolina.
Posted by: Danp on May 22, 2009 at 2:32 PM | PERMALINK
The principle is always null and void if the locals do something the majority Congress doesn't like. Being the local is the Federal District has nothing to do with it.
They'll always come up with some overriding justification on why their pervious position really doesn't count like interstate commerce, regulation harmonization, etc. See things like environmental regulation or even local companies testing their own beef before the sell it.
If the opposite is true, (i.e. the locals do something Congress likes but cannot pass nationally) then States rights will override everything else.
Honestly states rights is entirely relative.
Posted by: jmauro on May 22, 2009 at 2:33 PM | PERMALINK
Republican principles go right out the window if the question involves gays or guns.
...or drugs. Apparently the magical market can't handle that one. Need all sorts of Federal intervention there, yessir.
Posted by: blueshifter on May 22, 2009 at 2:35 PM | PERMALINK
Unfortunately, D.C. is not a state, so "state's rights" do not apply.
That's right, and in a pinch individual rights don't apply to couples.
Posted by: Emcee Steele on May 22, 2009 at 2:37 PM | PERMALINK
"'The family is truly the foundational institution of our nation, and marriage is its cornerstone,' Rep. Jim Jordan, an Ohio Republican, said in a statement."
w/apologies to RD Lang
Oh, what an interesting cornerstone
Let me see it
It is not a cornerstone
take it away
The statement is pointless
The cornerstone speechless
Posted by: Kurt on May 22, 2009 at 2:39 PM | PERMALINK
This is why Washington DC should be retroceded to Maryland, just as the territory that was originally part of the District of Columbia on the other side of the Potomac was retroceded to Virginia in the 19th century.
That way, the citizens of DC would become citizens of Maryland, and would have full voting representation in the Congress (i.e. Maryland's two Senators, and one additional Maryland Representative in the House to represent the new Congressional district), and would also have representation in the Maryland state legislature.
And they would no longer be at the mercy of right-wing extremist demagogues in Congress.
Posted by: SecularAnimist on May 22, 2009 at 2:54 PM | PERMALINK
Kurt - Do you know the difference between "a" and "the"?
Posted by: Danp on May 22, 2009 at 2:55 PM | PERMALINK
I'm "gay married" and "conservatives" can kiss my ass. These "legislators" sure have a lot of time on their hands.
Posted by: The Galloping Trollop on May 22, 2009 at 2:55 PM | PERMALINK
"Yes, one of the bedrock federalist principles of conservative lawmakers is the notion that the federal government shouldn't interfere in local matters like these"
"Or, put another way, Republican principles go right out the window if the question involves gays or guns.", or a familiy's right to pull the plug on a brain dead member( TERRY SHIAVO)!! What a disgusting bunch of hypocrits!
Posted by: barkleyg on May 22, 2009 at 2:56 PM | PERMALINK
"States rights" only applies when the states do what the straight, white, wealthy, corporate-owned christian male Republican party rank-and-file wants them to do. It's the same way that those pesky individual rights are applied.
Posted by: Keori on May 22, 2009 at 2:56 PM | PERMALINK
Let me rephrase that:
Marriage existed in thousands of different brutal societies which lasted longer than America has lasted and which were not remotely democratic. the Byzantine Empire (1400 years), India (6000 years), Chinese (4000 years), to name a few.
Marriage is hardly a "cornerstone," and not at all the "foundational institution of our nation." If there is a instution which is the foundation of our nation is it the Continental Congress, which evolved into our current Congress.
Posted by: Kurt on May 22, 2009 at 2:57 PM | PERMALINK
In 1980 campaigner Ronald Reagan claimed that he opposed the 55 mph national speed limit on the principle that the federal government should not impose its will on the states through threat of withholding funding.
In 1986 President Ronald Reagan led an effort to raise the national drinking age to 21 via a threat of withholding federal funding.
There are no conservative principles. None. As my young daughter would say: They lie, and they lie, and they never, never stop.
Posted by: Jupiter on May 22, 2009 at 3:04 PM | PERMALINK
This is why Washington DC should be retroceded to Maryland, just as the territory that was originally part of the District of Columbia on the other side of the Potomac was retroceded to Virginia in the 19th century.
No. DC should be the 51st state, Columbia. With its own senators.
There are already way too many redneck states with tiny populations -- and all those senators votes count as much as the votes from California or Texas. We need more Delawares and Rhode Islands to balance them out. Columbia works fine
The great thing is this could be passed by majority vote in both houses and the President's signature. Just leave the area around the mall, white house, and capitol as the no-permanent-resident constitutional district.
Posted by: Jupiter on May 22, 2009 at 3:08 PM | PERMALINK
"..."The family is truly the foundational institution of our nation, and marriage is its cornerstone," Rep. Jim Jordan, an Ohio Republican, said in a statement...."
How exactly is gay marriage interfering with this idea?? Gays are not saying you cannot get married or raise a family if your heterosexual or anything. Allowing gay marriage, recognizing gay marriage in no way changes his "cornerstone".
Posted by: bjobotts on May 22, 2009 at 3:56 PM | PERMALINK
btw...that is America's current 2 party system...Democrats and "center right democrats", the latter includes republicans.
Posted by: bjobotts on May 22, 2009 at 3:59 PM | PERMALINK
"The family is truly the foundational institution of our nation, and marriage is its cornerstone," Rep. Jim Jordan, an Ohio Republican, said in a statement."
Or put another way,
Or nation was founded on the principle that certain people are entitled to absolute control and ownership of other people, and marriage is its cornerstone.
Posted by: thebewilderness on May 22, 2009 at 4:00 PM | PERMALINK
Or, put another way, Republican principles go right out the window if the question involves gays or guns.
It's not just gays and guns. One of Ashcroft's first moves was to sue to overturn Oregons's assisted suicide law, which had passed in a statewide referendum, and been upheld in a second "repeal it" statewide referendum.
And how about the DEA's pursuit of medical marijuana coops in states (especially California) that had legalized medical marijuana in state-wide referendums?
No different than their sudden new-found acceptance of filibuster in Supreme Court nominee hearings.
Has nothing at all to do with principle and everything to do with a willingness to say anything to win at any cost. And to take the 180 degree opposite position in the very next engagement and defame Liberals as hypocritical while doing so.
Posted by: stvwlf on May 22, 2009 at 4:35 PM | PERMALINK
Conservatives believe that the federal government should defer to local control except when local government does something wrong, and then they should override it.
Exactly how this differs from not believing in local control at all is left as an exercise for the reader.
Posted by: Redshift on May 22, 2009 at 5:05 PM | PERMALINK
It's Jason Chaffetz, not John.
Posted by: C.L. on May 22, 2009 at 6:38 PM | PERMALINK
'conservative principals go right out the window' --anytime they fail an immediate expediency which, in every case, will be their deep need to hurt and abuse others with a pretended societal sanction.
Posted by: alan on May 22, 2009 at 7:21 PM | PERMALINK
The only "principles" Republican believe in are these: "IOKIYAR"
Posted by: TCinLA on May 22, 2009 at 7:39 PM | PERMALINK
Full faith and credit applies to legislative enactments in the Unites States as well. sheesh.
Posted by: getaclue on May 22, 2009 at 8:27 PM | PERMALINK