A number of sheriffs around the country (Oregon, Kentucky, Missouri, Wyoming, New Mexico, Utah) have said they will refuse to enforce federal restrictions on private gun ownership that they find to be in conflict with the Constitution.
Robert Mikos discussed this in his new paper with respect to marijuana laws, but the principles related to how states and federal powers interact is one that holds significant implications for the right to keep arms and the President’s health care law.
Next month, the Obama Administration will begin granting waivers to states that are not on track to meet proficiency requirements in the No Child Left Behind Act. Education Secretary Arne Duncan will be granting these waivers selectively, based mostly on states’ willingness to abide by new executive branch mandates not included in NCLB, likely including adopting national curriculum standards.
As Neal notes in today’s Cato Daily Podcast, essentially imposing national standards – as well as other potential waiver demands – represents a large-scale assertion of federal executive power over local education:
We’ve broken any semblance of a Constitutional balance of power between the executive and the legislative branch. Now the President is just going to dictate to every school what they’re going to teach. And that is a giant threat to freedom and to the American education system.
A broader recognition that the Constitution grants neither Congress nor the President any role in education would go a long way toward fixing these problems. NCLB may be, to quote Arne Duncan, “a slow-motion train wreck,” but using that law to transfer power away from parents, states and Congress is easily a solution worse than the problem.
As many legislatures around the country have finished their work for the year, fewer than one-fourth of states have taken concrete steps to create health insurance marketplaces, a central feature of the federal law to overhaul the U.S. health-care system.
Mr. Holder is a particularly juicy target because he presides over issues that have served as recurrent fodder for political controversy — including using the criminal justice system for terrorism cases, and federal enforcement of civil-rights and immigration laws.
Cue sound effect:
Interesting how a story about Congress performing one of its most basic oversight functions can be cast as a tale of woe for the office needing the oversight.