
"Liberty and Union, Now and Forever. One and Inseparable." -- Daniel Webster (statue in Central Park).
Webster was making a speech about how the states combined into a federal union have both union and liberty.
In other words, states can have liberty, and yet remain in union. It's part of an address written by Daniel Webster to a man named John Haynes, a South Carolina Senator, in about 1830.
South Carolina was asserting states rights to nullify federal laws. They did it again during the Civil War. Webster argued that no states should be granted a divorce from the Federal union, because they have so much liberty, why would they need to?
But they didn't have the liberty to continue with slavery. South Carolina was a slave oligarchy, and releasing their slaves would have meant they had to work. What does work have to do with liberty, Haines cried out.
The point is that once the states joined into a union, they were stuck. But there is still a vestige of something called States' Rights. Do states have the right to overturn federal laws? Marriage definitions, medical marijuana, illegal immigration, and other issues turn right now on States' Rights. Who gets to decide? (30 states now have an injunction against gay marriage, while six allow it.) Generally speaking the federal guh'munt (attempt at southern dialect humor) has priority over the individual states.
Early on it was the Republicans under Lincoln who insisted federation trumped states' rights. Now it is Democrats (since Roosevelt at least) who have attempted to ram federalism down the throat of the states in order to give us Social Security, and now Obamacare (a vast broadening of Roosevelt Administration policies that some think is the principle reason for the 16 trillion dollar deficit), as well as gays in the military, and probably soon, a gay marriage amendment.
The issues depend on the interpretation we give to relatively few phrases within the Constitution. "We the people," rather than "We the states," for instance, seems to mean that we are AMERICANS, first, and citizens of South Carolina or Massachusetts, second.
Marriage laws vary from state to state (not only who can marry, but at what age), but all marriages recognized in one state are recognized in the others.
The tenth amendment, the commerce clause, and a few others, are also part of the tiny canon of phrases that divide us as a nation, two professors at my college said Thursday during Constitution Day. Some states allow illegals to pursue higher education, and get drivers' licenses, while Alabama has recently passed a restrictive law against illegal immigration (according to something another prof said in the comments period). In other words, it's not legal to be illegal.
I went through the newspaper this morning and another topic jumped out at me. 1400 species are now protected under the Endangered Species Act, and 500 more species are on the way. (A bewildering number of agencies -- U.S. Fish and Wildlife Service and House Natural Resources Committee, are warring over which ones should be scrapped.) These include the gopher tortoise, the American eel, and the tiny Texas kangaroo rat. Once they become protected, resources are set aside, lawsuits on the part of the eel or the tortoise, etc. The giant Palouse earthworm of Idaho has been denied protection as has the plains bison. The only animal I knew for sure was the bison. I still remember it used to be on the back of the nickel. (One never sees those nickels any longer. The last one I saw was probably in about 1965.) I googled the Palouse earthworm. Who knew that people are going to war over this creature. I can't imagine God made the Palouse earthworm. It isn't mentioned in the Bible. Surely, Satan did it. Perhaps Eve was chatting with the Giant Palouse Earthworm.
The government in a sense has fifty brides. So there's a lot of squabbling.
Agencies fight agencies. In general the Republicans care about economics, and the Democrats care about everything else except economics.
Marianne Moore's last line in the poem "Marriage," cites Webster's federalist interpretation of the States' rights problem "Liberty and Union, Now and Forever," as the definition of a good marriage. Can Republicans and Democrats continue to get along? One group wants state capitalism. The other wants individual capitalism. I think the latter one works better. Long live individual capitalism!








