Tuesday, September 13, 2005

The Quiet Decline of Federalism

With John Roberts in the news and issues about federalism,indivdual rights, and local control are up for debate.The The Seattle Post-Intelligencer has a rather important article on how a federal judge has knocked out a zoning ordinance because it's a restraint of trade:
Seattle's longtime moratorium on new strip clubs ended Monday under a federal court ruling that opens the door for new adult clubs within the city limits.

City officials hope to offset the loss of the 17-year-old-ban with upcoming legislation to curb the clubs' profitability with a prohibition against lap dancing -- a measure they hope will prevent any industry expansion.

In his decision, U.S. District Judge James Robart forbade the city from denying any new strip club license applications based on the ban, which he deemed "unconstitutional prior restraint."
We don't know how far things will go with this case.But,here are a few questions to ponder.Since,there isn't a strong belief in federalism could local smoking bans be thrown out in federal court because banning a legal product is definitely a restraint of trade(plus tobacco isn't grown in every state which makes this "interstate commerce" for a federal court)? Will all local zoning laws come under assault using the Ginsberg mindset because virtually any sort of commerce could be used as interstate commerce?