Federalism replaced by one-size-fits-all decrees from above

Posted by Eric F. Langborgh on 09 Feb 2005 at 08:27 pm

Various local municipalities in recent years have found their right to determine standards of public decency within their own jurisdictions superceded by federal judges. For instance, in Loudoun County, Virginia - not too far from my office - a federal judge struck down a local policy mandating installation of Internet filtering software on all public library computer terminals in order to protect children from viewing pornographic material at taxpayer expense.

Through a stretched interpretation of free speech rights that would have surprised James Madison, the Ninth and Tenth Amendments’ provisions guaranteeing a federal system of government and the division of powers between the national and state government have been - in this instance and in many others - relegated to the trash bin.

The above incident is the latest in an occasional series looking at concrete examples of how our fundamental rights as Americans — those specifically guaranteed to us through the Bill of Rights — are being steadily eroded. These examples were found as a result of research I’ve conducted in support of my role as Development Manager for Donor Relations at the Bill of Rights Institute, which includes writing informational letters and solicitations to our supporters.

© 2004-2008 Eric F. Langborgh