Federal Versus State and Local Government
Radio Q&A: 21 October 2012, Question 1
I answered a question on federal versus state and local government on 21 October 2012. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Is it proper for state or local government to enact laws that a federal government should not? A proper government is one that fulfills and is limited to the role of protecting citizens from initiations of force by other individuals or other nations. However, in a free and proper society, is it proper for local and state governments to enact laws that go beyond the proper functions of a federal government? For example, in a properly-governed United States, could states enact certain laws that regulate behavior beyond what the federal government could enact, perhaps based on the religious or other values held by most people in that community – on the assumption that any person who disagreed could leave the area?
My Answer, In Brief: The primary goal of all levels and branches of government must be to respect and protect rights. To do that, government should be divided into local, state, and national levels, each with different functions. That way, individuals have more political influence, government can be more responsive to local conditions, law can be developed by inductive experimentation, and the power of any one level of government is checked by the others.
Tags: Crime, Free Society, Government, Induction, Law, Politics, Rights, State's Rights
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- Duration: 35:10
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Relevant Links 
- Wikipedia: Federalism and Fence: Legal Issues
- Philosophy in Action: Consent in Sex
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About Philosophy in Action
I'm Dr. Diana Brickell (formerly Diana Hsieh). I'm a philosopher, and I've long specialized in the application of rational principles to the challenges of real life. I completed my Ph.D in philosophy from the University of Colorado at Boulder in 2009. I retired from work as a public intellectual in 2015.
From September 2009 to September 2015, I produced a radio show and podcast, Philosophy in Action Radio. In the primary show, my co-host Greg Perkins and I answered questions applying rational principles to the challenges of real life. We broadcast live over the internet on Sunday mornings.
You can listen to these 362 podcasts by subscribing to the Podcast RSS Feed. You can also peruse the podcast archive, where episodes and questions are sorted by date and by topic.
My first book, Responsibility & Luck: A Defense of Praise and Blame, can be purchased in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck." My second book (and online course), Explore Atlas Shrugged, is a fantastic resource for anyone wishing to study Ayn Rand's epic novel in depth.
You can also read my blog NoodleFood and subscribe to its Blog RSS Feed.
I can be reached via e-mail to [email protected].