The Gate Is Down But The Beach Is Closed!

On the Isle of Palms, the gate at the foot of the connector is gone. Anyone may visit the island, but the access paths to the beach are still blocked. Which gives one very little reason to come out here until Governor McMaster opens the beaches. 

There is one catch

The ultimate decision to open beaches falls to the city. It would seem like everyone is trying to avoid being responsibility for opening the beaches. They know what might happen. In fact, that is the way our republic is designed. What the Federal government does not control becomes the state’s right to control. And it follows that municipalities inherit what the state does not want to control. 

Kind Of…

You see, the Constitution does not mention over which areas the state can give a city control. The tenth amendment only refers to the relation between the federal government and the state. Each state is different. The states legislate what is allowed and what is not allowed. The National League of Cities refers to this as an era of preemption, in which States governments are trying to take much of the local power for itself. The State of South Carolina takes a lot. Minimum wage, paid leave, tax levels, and even limits on expenditures.

Police Powers

However, police powers have always rested with the state in conjunction with smaller municipalities. Police Power is the control of businesses and travel for the health and welfare of the population. In times of a health crisis, cities may close stores, and limit travel.

So, who is treading on my rights?

No one. No matter who decides to enforce an order for health reasons. You never had the right to endanger others. You still do not.

I thought this was a free country?

It is, but it is not the freedom of anarchy. We are all free drive on the roads, but you are expected to drive according to rules and regulations, and not in a manner that endangers others. Smoke all the cigarettes you want, but not in public places where you can subject others to second-hand smoke. 

I paid good money to live on the beach, and now you tell me I can’t walk on it?

Get a grip. Neither the states nor the cities have any desire to ruin your walk. They make  decisions based on what is in the best interests of everyone. And they are not keen on exercising police powers. It irritates voters.

Talk about South Carolina!