U.S. Supreme Court Justice Louis Brandeis, in New State Ice Co. v. Liebmann (1932), wrote:
“(A) single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.”
The Justice was a Leftist. But he was tacitly defending federalism. Where the states do most of the governing – and The Feds do only the very little for what the Constitution calls.
The Justice was a Leftist. But he was also tacitly defending conservatism. As in its root word: “conserve.” Perhaps the Justice was a Robert Frost fan:
“Don’t ever take a fence down until you know why it was put up.”
The Justice was a Leftist. But he was tacitly ensuring that if one state or another wants to try Leftism – and rashly dismiss 10,000 years of human history – the damage would be contained to that state.
None of our fifty has been more “courageous” in trying Leftist “novel social and economic experiments” than California. And it has been an ongoing, rolling, unmitigated disaster.
To paraphrase the great and underrated movie Little Big Man, General George Custer aptly describes the role of California and its government:
“Anything that (state does) will be a lie. Therefore, (it) will be a perfect reverse barometer.”
Anything California does? Do the exact opposite.
For instance: California is on fire.
California’s cities are on fire – because California is wedded to anti-law-and-order Leftism. So when their Democrats started rioting, looting and burning to the ground their metropolises – California’s local Leftist elected officials did nothing. That is, when they weren’t aiding and abetting.
We humans have understood for eons that to maintain civilization government must remove the worst of us from the rest of us. California has instead chosen to take down this fence.
California’s forests are on fire – because California is wedded to radical environmental Leftism. As a result, they will not engage in routine, basic forest management – which would have almost totally contained the rampaging conflagrations.
We humans have known for centuries about this routine, basic forest management. California has instead chosen to take down this fence.
Humans have made a multi-epoch habit out of creating and enforcing borders between themselves and those around them with alien cultures. California has instead chosen to take down this fence. Literally.
How’s that going for the Golden State?
California’s Paradox: If Immigration Creates Wealth, Why is California Poor?
California’s Income Inequality Now Worse Than Mexico’s; Poverty Level Highest In America
If it weren’t for Big Tech, California would have long ago imploded and collapsed into the Pacific Ocean. And very few Big Tech companies were started by illegal aliens.
Oh: And California’s violation of federal immigration law – is also a violation of federalism:
“(N)o single state or municipality is responsible for defending our national borders. Which means – quite clearly – immigration policy is the prerogative of the federal government.
“Leftists don’t like our federal immigration laws. So they declare Sanctuary States, Cities and Whatevers all over the country – to break, end run and otherwise undermine them.
“So they can instead impose their terrible policies. Which we have already said we think are terrible – by outlawing them federally.”
Speaking of violating federalism to impose terrible policy: California remains the perfect reverse barometer.
California Passes Strongest Net Neutrality Law in the Country
Net Neutrality is a whole host of really terrible ideas – all imposed upon the World Wide Web. But it’s the WORLD Wide Web. Which means it ain’t California – or any other state’s – policy prerogative:
“The World Wide Web – is a WORLD Wide Web. An entire planet of countries – interconnected.
“So quite obviously, Internet law and regulation is the purview of our federal government.
“Our Feds pass and impose Internet policy for US – and then negotiate terms of interchange with the nations of the world.
“Having fifty different slates of state-by-state Internet policies – is omni-directional insane.
“It’s insane for every single business that does business online. Which is…just about every business:
“‘The result is going to be a patchwork of statewide laws with which each company doing business in those states must comply. What’s worse is that there will be independent reporting requirements, different enforcement methods and wildly different penalties for non-compliance.
“‘Another way to describe that result is “chaos.” The tech industry will either have to start depending on location services so that it knows where each user’s data is during the course of each transaction, or it’s going to have to start excluding (wherever possible) states with regulations that it deems too onerous.
“‘That in turn means that small states with strong privacy rules may find themselves without some services. After all, a small business without the resources to determine the rules in each state may well decide that the risk isn’t worth it.
“‘This is not unlike the situation those businesses are dealing with, now that the U.S. Supreme Court has said that states and localities can demand sales tax from e-commerce companies.”
“And having fifty different slates of state-by-state Internet policies – is insane for our federal government. As they try to negotiate Internet interchange with every other country on the planet.
“The Feds will have to try to make chicken salad out of fifty-state chicken…excrement.
“Which will mean eternal, everlasting chaos.”
California’s illegal, unilateral Internet policy screws up the nation’s Internet policy.
Just as California’s illegal, unilateral immigration policy screws up the nation’s immigration policy.
Meanwhile, the Donald Trump Administration has been trying to address it.
Justice Department Files Net Neutrality Lawsuit Against the State of California
And California and their fellow Leftists – remain steadfastly intent on tearing down this fence.
California Moves to Reinstate ‘Net Neutrality’
Free Press Joins Court Defense of California’s Net Neutrality Law
Law Profs Say Calif. Should Revive Net Neutrality Law
The Trump Administration remains steadfastly intent on keeping up said fence.
Justice Department Asks Court to Block California Net Neutrality Law
The heinous Dr. Jekyll laboratory of California has been exceedingly wrong. About law-and-order, forest management, immigration and a whole host of other policies.
And the Mr. Hyde results have been exceedingly awful.
But we’re now supposed to think California has suddenly swerved into correctness on Net Neutrality?
When they are in possession of the nation’s longest wrongness streak? When they have been the nation’s perfect reverse barometer?
I am highly dubious.
[Originally posted on RedState]
Seton Motley is the president of Less Government, a DC-based non-profit organization dedicated to reducing the power of government and protecting the First Amendment from governmental assault.
