Boiler Room Elves On States' Rights

By the Boiler Room Elves
(edited by AndrewPrice)

To keep our internet connection working, Commentarama employs a team of unionized elves to stoke the boiler. These elves are an opinionated (and militant) group, and they constantly send us expletive-laced diatribes about various political topics. But sometimes, these diatribes are kind of interesting. So we’ve decided to share some of them with you. Without further ado, I give you the most recent rant from our Boiler Room Elves. . .


To: Management
Re: States' Rights MEANS States' Rights

If states' rights mean something to conservatives, then we must stand up for states rights. We cannot pick and choose when we want states rights to apply and when we don’t. If one is in favor of smaller government and states' rights as the best way to govern, and we are, then that belief should not stop once one's favorite pet issue comes up for debate.

I'm thinking of the recent attempt by Republicans (and joined by a surprising number of Democrats) to add an amendment to a military defense bill that would have required states to recognize concealed carry permits granted by other states. The amendment fell just short of the 60 votes needed to pass.

This amendment bothers me. I have nothing against concealed weapon permits. I would like to see all states make them available. But this isn’t the way to go about it. All over talk radio, I heard pundits arguing: “hey, if the liberals want to insist that Tennessee must recognize a gay marriage performed in Massachusetts, then they should be willing to give the same privilege to concealed gun permits.” But that is precisely backward!

If conservatives DON'T want to force Tennessee to recognize a marriage performed in Massachusetts, then conservatives cannot turn around and insist that gun permits should be recognized nation-wide. States' rights must mean something always, not only when the other guy raises an issue. If we pick and choose when the concept applies, then all we do is weaken the concept.

There are plenty of permits and licenses granted in every state that don't cross borders. If you are licensed to teach or practice law or medicine in one state, you have to apply and go through hoops when you move. Even your drivers' license, while recognized in other states if you pass through, must be replaced by a proper license from the new state if you move to that state. And this often requires retesting, and exposes you to the risk that the new state won’t issue the new license. Concealed weapons permits should be no different.

Nor does it matter that gun ownership is a constitutional right. First, it’s not obvious to me that ownership also means that you have a constitutional right to carry the weapon concealed. The Second Amendment does not say “right to bear concealed arms.” Secondly, we have historically decided that states CAN impose regulations within states, even on supposedly absolute constitutional rights, for reasons like health, safety and the public welfare. For example, we let states and cities restrict free speech by requiring permits before groups can assemble or march, and by punishing people for yelling “fire” in a crowded theater.

If we are to respect states’ rights, we should let them put in place whatever restrictions they think are appropriate, provided they don’t violate the Constitution. To do otherwise and to attempt to impose one rule on the states runs counter to the arguments conservatives routinely make about the left attempting to foist leftish ideas on the states in violation of the Tenth Amendment.

That’s why we oppose the idea of this amendment.

Signed,
Boiler Room Elves