State Legislatures

Back To the 19th Century Mentality: Proposed Amendment Would Permit State Nullification Of Federal Laws! Have We Failed To Learn The Meaning Of Our Constitution? :(

Just as we begin to commemorate the 150th anniversary of the beginnings of the Civil War over the next year, we now see a movement promoted by Congressional Republicans, including future House Majority Leader Eric Cantor of Virginia, to propose a constitutional amendment that would allow states to overrule any act of Congress, effectively nullification of federal law! πŸ™

This battle was fought by Andrew Jackson in the Nullification Crisis of 1832-1833, when he threatened John C. Calhoun and South Carolina with federal military intervention if that state refused to obey the federal tariff law.

It was also being threatened by Zachary Taylor if any state attempted secession during the debate over the Compromise of 1850.

It was also the reaction of Abraham Lincoln when the Southern states seceded from the Union and seized American military property and bases in 1860-1861.

These were three Presidents of different parties, all from Southern slave states of birth, who were ready to uphold the federal government’s authority over the states, and actually led to Lincoln’s actions against the Confederacy during the Civil War.

But now, a century a a half after this issue was supposed to have been resolved by the Northern victory, there is a push on to allow just that–states refusing to obey the federal laws and Constitution and claiming the right to do so! πŸ™

If the legislatures of two thirds of the states–34–voted for such a repeal of a federal law, it would not be in effect. So far, 12 states have supported such an amendment being introduced.

Of course, two thirds of the House of Representatives and two thirds of the Senate would have to agree to such an amendment, which is hard to imagine, as it would limit their own power and authority.

Additionally, 38 states, three fourths, would have to ratify such an amendment, and that also seems extremely unlikely, as there are more than 12 states which certainly, in a political sense, would oppose such a concept.

While one cannot be sure of the exact dynamics of which states would be opposed to such an amendment, were it to make it through the House of Representatives and Senate, the likelihood would be that the following states would NOT support such an amendment: Connecticut, Vermont, Massachusetts, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, Illinois, Michigan, Wisconsin, Minnesota, California, Washington, Oregon, and Hawaii.

Thirteen of these seventeen states would be enough to stop such an amendment, and realize that there are other states that might also oppose it, including Maine, Ohio, Iowa, Missouri, North Dakota, Montana, Colorado, and New Mexico, which would bring the total to a potential 25.

And also realize, in other states that might be seen as supporting such an amendment, all that would be needed to defeat it is a one vote margin of defeat in one of the two houses of the state legislature.

Another consideration is that such an amendment would allow small states with small populations to have equal influence on such nullification, despite having, in many cases, tiny population totals as compared to large states, so even large states which might be motivated to support such an amendment would not be pleased that small states would have an inequitable influence on repeal of federal laws.

So basically, this is all demagoguery, and a sign that many people do not understand their own Constitution, and the concept that ONLY the national government can speak for the nation through the tortorous process of passing laws through our Congress, and that the state legislatures, many of them incompetent and corrupt on a far greater level than our Congress, have no ability or competence or justification to interfere with what is good for the nation at large,whether they like it or not!

The Governors: Key To Reapportionment Battles For The Next Decade!

While so much attention has been addressed to the US Senate and House races this election year, the voters’ choices of 37 Governors are crucial for the long term health, or lack of it, of the two major political parties for the next decade!

This is due to the fact that the Governors will have the major input to the approval of reapportionment plans in the states for seats in the US House of Representatives, as well as state legislative districts.

Even if the state legislature is controlled by one party, if the Governor in office in 2011 is of the opposition party, it can have a dramatic effect on how the districts are gerrymandered, and can determine fortunes politically for the next ten years!

This is particularly significant in large states such as Texas, California, Florida, Illinois, Ohio, Michigan, Pennsylvania, North Carolina, Wisconsin, Minnesota, Missouri, Washington, Massachusetts, New Jersey and New York, among others.

So the state governorship races require more analysis than would be often imagined, because of their effect on the national political scene!

The Governorships And State Legislatures: A Crucial Year For Both Political Parties!

The elections in 37 states this November for the office of Governor, as well as the state legislative battles raging across the country, will have a very powerful effect on the fortunes of the Republican Party and the Democratic Party for the next decade, as this is the year of the census figures, and reapportionment of seats for the House of Representatives and the state legislatures will be determined over the next two years by the election results!

The party that controls the state legislature can use the practice of gerrymandering to set district lines to favor their party for the next decade! In a sense, redistricting allows leaders to choose their voters, instead of voters choosing their leaders! πŸ™

The Republican Party is seen as favored to gain more by likely control of more state legislatures, with an estimate of gaining at least ten chambers this fall, which could give them the power to redraw up to 25 congressional districts!

At this point, the Democrats have the advantage, controlling 27 states to 14 for the GOP, with eight states having divided legislatures! But the momentum is against them in this round of such crucial elections!

However, the governorships are also a factor, as a governor can veto redistricting plans of the state legislature, and force the issue into extended court suits, if the Governor is of the party opposite of the legislative majorities!

So although there are 50 states, the larger states with more Congressional members have a greater role, and in those states, the Governorship races are therefore more crucial for both parties to win! Certainly, the most important states would thus include California, Texas, New York, Florida, Pennsylvania, Illinois, Ohio, Michigan and Georgia, the top nine states, and all of these are battlegrounds, except possibly New York, where Andrew Cuomo is a heavy favorite to overcome either of his Republican opponents!

So the state races, both for the Governorship and the legislative balance, matter greatly, even more this year than usual!

The Crisis Over Pensions, Present And Future: The Need For Action!

In the midst of the worst economic crisis since the Great Depression 80 years ago, the issue of what happens to pensions, both in the present and the future, arises! πŸ™

The issue of private employment pensions, which already has many victims when workers are dismissed before retirement age, or companies go bankrupt, is part of the controversy!

It is also an issue of public pensions of state and local government workers, who often work for lower pay because of the security of the jobs they hold, and the benefits they offer, including decent pensions!

We are now seeing attempts to cut back on pensions, and to tell younger and newer employees that they can never expect to have the kind of pension plans that older workers have been fortunate to gain! πŸ™

It will make the recruitment of future workers harder to accomplish, and it will make already distressed younger employees, who fear for the loss of their jobs, and the problems of getting ahead in their careers, the problem of how to save on their own in adequate ways to make retirement possible in the future when they reach Social Security age!

Plus, the whole Social Security and Medicare systems are in danger of going bankrupt, and one has to wonder how future workers will be able to count on these programs!

It makes the issue of Social Security and Medicare, and the general issue of pension reform, an urgency that MUST be dealt with by governments at all levels!

But it is hard to forecast and plan ahead when there is so much uncertainty now about the economic future in this nation! It behooves the two political parties to overcome their differences, and help plan for a reasonable set of solutions to these vexing issues! πŸ™