i haven't read the full opinion, but one other unresolved issue is this decision's appears to be its exact effect on states and municipalities. the district of columbia is unique in that it's administered (primarily) according to federal law. there is the issue of "incorporation" of a right... whether the rights guaranteed by the federal constitution apply as barriers to federal or federal AND state infringement.
so, under this opinion, the states may still be able to enact laws just as draconian as DC's struck policy.
this poses an interesting question for conservatives. do we continue to favor states rights, decentralized power, and local autonomy? or, should we argue for extending the federal gov's mandate over state sovereignty?
__________________
If you will not fight when your victory will be sure and not too costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.
~ Winston Churchill
|