Battle for Power: The Limits of the Tenth Amendment

With the Garcia decision in 1985 the United States Supreme Court continued the idea of a strong federal government. The powers afforded to the states in the 10th amendment were lessened further by this decision which gave Congress the right to legislate and involve themselves in state issues. The debate surrounding this decision is still very poignant and has become intensified again with several new issues.

One issue which was debated a few years ago and seems to be resurfacing again is the question of whether stem cell research should be legislated by the national or state governments. This topic encompasses a myriad of moral, societal, and scientific boundaries and issues. The best solution for the United States is for the national government to assume the role of regulating stem cell research. Stem cell research opens up debates about the uses, and misuses, and practical applications which may one day be discovered. The issue of stem cell research is important because it is an issue which the entire world is facing together and which the United States must make a decision about in the very near future. Leaving this issue to the states could leave our country years behind other countries which have already begun regulating this research. This issue is much better handled on the national level because there are too many ways for the states to handle it. Scientific research is a national topic and if each state legislates what their universities and schools can do the flow of scientific knowledge in our country would soon be in shambles. For example, a California scientist who performed a promising experiment could not demonstrate the results to his colleague from New Mexico because the two states did not have the same legislation regarding this issue. The topic of stem cell research is much better handled by the national government.

If and when the national government becomes involved in regulating stem cell research there are many groups of elites who will be a part of that. First of all, scientists from around the nation would have to be consulted. Though there is no doubt they would be in favor of little regulation and few rules their knowledge and insight into the issues would be vital. In fact, some of these elites are already members of Congress. Others would be elites associated with federally funded organizations which do scientific research. Because they already receive federal money they would be the most involved in this particular type of research. One of the understood principles of democracy in the national government is that elected elites almost always act in their self-interest. Certainly, the regulation of stem cell research would involve decisions made in the self-interest of other elites like them. Most likely Congressmen who are associated with elites at large research institutions would be most instrumental in this process. When enacting legislation to regulate stem cell research Congressmen will vote in a way which serves their interest and that of the elites they represent.

There is no doubt that stem cell research and the issue of who regulates it will become a hotly debated topic in the next few years. With the threat of epidemics of various illnesses including the Asian Bird Flu, scientists will begin pressuring the federal government to allow them to search for new and innovative ways to prepare for these plagues. The elected elites will be all too willing to vote for what the elites they represent want and before too long America will be a nation which permits all kinds of stem cell research like other nations around the world.