Did you know the location of tattoo parlors in Long Beach, California is a federal matter?
Yup. It sure is.
The city was forced to alter its zoning laws for tattoo shops after a guy named James Real sued the city asserting that restrictions on tattoo businesses violated his First Amendment right to free speech. Real capitalized on a 2010 ruling the held tattooing is a federally protected form of free speech.
The notion that local zoning is a matter for the federal courts to oversee is absolutely absurd. Even if you buy the idea that tattooing is protected speech, it is not a federal matter. Theย Bill of Rights was never intended to bind state and local governments. All you have to do is read the opening phrase of the First Amendment to see that. โCongressย shall make no lawโฆโ
The preamble to the Bill of Rights makes it abundantly clear it was intended to โprevent misconstruction or abuseโ of the powers delegated to theย federalย government.
James Madison actually wanted some of the provisions to apply to the states. That idea was rejected.ย It wasn’t until about 50 years after the ratification of the 14th Amendment that some Supreme Court judges suddenly discoveredย the dubious notion that the amendment โincorporatedโ the Bill of Rightsย onto the states.
But Americans have been so brainwashed to think of the United States as a unitary โnationโ where Washington D.C. controls all, they simply canโt wrap their heads around the fact that federal judges donโt serve as almighty overlords. In todayโs America, everything is a federal case โ from where a city can restrict tattoo parlors, to who can pray at a high school football game, to local gun ordinances.
Whenever I bring up this truth, somebody will invariably say, โSo youโre saying the states can do anything they want and violate our rights!โ
No. Iโm not saying that at all.
Every state constitution has a bill of rights that requires due process, limits searches and seizures, and protects freedom of speech and religion. All but a few states have a version of the Second Amendment in their state constitutions. For instance, I live in Kentucky. Myย state constitutionโs bill of rightsย has 26 sections. In many cases, it is more restrictive than the federal Bill of Rights.
If a state government does something that violates your rights, you should pursue that in the proper sphere โ in state court using the state constitution.ย Donโt make a federal case out of it!
By making everything a national issue weโre drastically centralizing power. Thatโs the real threat to liberty โ not Long Beachโs zoning laws relating to tattoo parlors.
You don’t centralize power to get freedom, any more than you would give Walmart a monopoly to improve shopping.
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