Saturday, March 28, 2009

States rebel against Washington - The pushback against federal power

By Patrik Jonsson
from The Christian Science Monitor

Atlanta - There's an old joke in South Carolina: Confederate President Jefferson Davis may have surrendered at the Burt-Stark mansion in Abbeville, S.C., in 1865, but the people of state Rep. Michael Pitts's district never did.

With revolutionary die-hards behind him, Mr. Pitts has fired a warning shot across the bow of the Washington establishment. As the writer of one of 28 state "sovereignty bills" – one even calls for outright dissolution of the Union if Washington doesn't rein itself in – Pitts is at the forefront of a states' rights revival, reasserting their say on everything from stem cell research to the Second Amendment.

"Washington can be a bully, but there's evidence right now that there are people willing to resist our bully," said Pitts, by phone from the state capitol of Columbia.

Just as California under President Bush asserted itself on issues ranging from gun control to medical marijuana, a motley cohort of states – from South Carolina to New Hampshire, from Washington State to Oklahoma – are presenting a foil for President Obama's national ambitions.

And they're laying the groundwork for a political standoff over the 10th Amendment, which cedes all power not granted to Washington to the people.

The movement's success will largely depend on whether Washington sees these legislative insurgents as serious – or, as Pitts puts it, as just "a bunch of rednecks."

"There's a lot of frustration when someone quite distant from you forces you to do something you don't want to do," says Steve Smith, director of the Weidenbaum Center on the Economy, Government and Public Policy at Washington University in D.C. "That's the root cause, and it ends up being rationalized in constitutional terms."

The fact is, "there's no longer any effective limitations on federal power," says Randy Barnett, a Georgetown law professor who argued for California's medical marijuana law in front of the Supreme Court.

And although Pitts hails from Abbeville, the place where the South's first secession votes were cast, he insists that today's efforts to check federal power aren't limited to regional pockets or even political affiliation. "The mainstream media would portray some of us as rednecks, whether we're from Pennsylvania, Oregon, or South Carolina," says Pitts. "But this is a wake-up call. And if Washington doesn't heed that wake-up call, revolution is on the horizon."
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