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Probably, why is there such a distinction between state legislation and federal regulation for you?

I'll try to answer your question by example.

Until the mid-1990s, 55 miles per hour was the federally-mandated maximum speed limit states could allow on highways. These days, states are free to set their own speed limits. In fact, Texas was recently considering raising some Interstate speed limits to 80mph (they may have already done so.) Some would say this is too fast, and will cost lives. But there are a lot of different viewpoints, and those viewpoints vary greatly throughout the country.

So, do speed limits belong at the federal or state level? Let's look at the Texas situation. Here's a matrix of how Texas raising the speed limit to 80mph affects various groups of people:

Code:

                         Live outside Texas         Live in Texas
Support 80mph+                   A                       B
Oppose 80mph+                    C                       D


Group A (live outside Texas, support 80mph) and Group B (Live in Texas, support 80mph) are both happy. Group B is more directly affected, but Group A is also happy, because there's now a state where someone is trying out the higher speed limits they support, and maybe if it goes well, momentum will build for higher limits in their own state.

Groups C and D are less happy. Group D is the most unhappy, because they may have to travel the Interstate roads where the limits are higher. Group C is unhappy about Texas allowing the higher speeds, but isn't as directly affected by it.

Though these groups are both unhappy, I think they are both better off than if the decision had been made at the federal level. Group D can challenge the state law they disagree with, and they have a much better chance to succeed than if they chose to fight a federal law (state governments move much faster than the feds, and are more responsive to local needs.) Group C, on the other hand, is also well served, because their state is not subject to the law they consider unjust, and they can work to effect change in their state to make sure no such law comes about in the future.

The speed limit example is a bit contrived, but illustrates the type of laws that I think are best left to the states. These are laws where there is no national concensus, and where state and local officials have a better handle on what's good for the greatest number of their constituents. I feel marriage falls into this category, as do other things decided at the state level, such as restrictions on liquor sales, gambling, prostitution, etc.
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- Tony C
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