States’ Rights
I have a friend who has a violent reaction any time somebody makes the simple statement that the Civil War was fought over slavery. And when I write, “a violent reaction,” I don’t mean raising his voice, I don’t mean eyes bulging – I mean jumping up and down, clenching of fists, and screaming. His reaction usually consists of this statement repeated frequently and loudly: “Saying the Civil War was about slavery is stupid! It wasn’t about slavery! It was about states’ rights!”
Well, yes. And the right being argued in particular was the right to own slaves. So what’s your point?
As a matter of fact, the Civil War is a perfect example of how those who claim states’ rights the loudest are usually the fastest to take them away. A violent conflict in Kansas was the result of Southern states sponsoring “border ruffians” to cross into the predominantly-abolitionist Kansas territory and steal the elections, ensuring Kansas would enter the union as a slave state. In a territory with only 2,900 registered voters – not all of whom voted – over 6,000 votes were cast in the election, the vast majority coming from people who were not legal residents and whose pilgrimage had been sponsored by the pro-slavery South.
At the height of the conflict, conservative President James Buchanan urged ratification of the Lecompton Constitution, which would have made Kansas a slave state against the wishes of the majority of its citizens. Congress, however, voted down statehood and called for another election. Through it all, it should be noted, the “states’ rights” champions of the South who would later go on to justify secession from the union as a revolt against an unfair federal system that restricted their self-governance were the same people who sponsored the efforts to subvert the will of the Kansas territory residents.
In the modern day, we see the so-called “states’ rights” conservatives declaring that medical marijuana bills – though popular in the states and popular with the voters – do not, in fact, legalize medical marijuana, because it’s still a crime under federal law. Which doesn’t sound much like states’ rights to me. Then again, this is the same group of conservatives that paints pictures of “jack-booted thugs” kicking down doors to rifle through your dirty laundry, but feels that the medical treatment of Terry Schiavo is too important to be left in the hands of her own husband.
Or, more recently, that states have no rights to protect their own citizens when they fly on national airlines.
Under the New York law, the only of its kind in the country, airlines could be fined up to $1,000 per passenger if they failed to supply water, fresh air, electric power and working restrooms during lengthy delays. A federal judge in Albany upheld the law in December, only to be reversed on Tuesday by the United States Court of Appeals for the Second Circuit.The appellate judges agreed with the Air Transport Association of America, an airline industry group, that New York’s law was pre-empted by the Airline Deregulation Act of 1978 and hindered the Federal Aviation Administration’s ability to maintain uniform standards for air travel.
In other words – the rights of the corporations that own the planes supercede the rights of the people, or the states’ attempts to protect those rights. But those corporations contributed roughly $25,000 directly to George W. Bush in the 2004 election through their corporate PACs, not to mention the money that was slipped to the President by airline executives through donations to other funds and PACs. In the 2008 election cycle, the airline corporate PACs have contributed over $522,000 to both Democratic and Republican politicians, with $193,500 of that coming from the American Airlines Political Action Committee alone. (figures from campaignmoney.com)
People standing in line for canceled flights have been interviewed on the news, and by and large they’re angry because “I’m not getting out of here tonight.” But, honestly, they should be angry – and we should be angry – on a much larger scale. The abuse of customers by the airlines is on a systemic level, and now we learn that the airlines aren’t even taking measures to ensure the basic safety of the people who fly with them. The air transit system in America is broken at its very foundation, and the problem starts with the exploitation of the very people who purchase the product. And, to top it all off, we now learn that the states have rights – but not when those rights involve protecting the environment, civil liberties, access to health care, or consumers.
Friday, March 28th, 2008

