CG614 wrote:vanwinkle wrote:CG614 wrote:My argument is that the states could not legalize murder under the police power. They could only repeal the current statute, thus leaving no law on the subject at all. In that case, the common law crime of murder could be called upon by the courts.
Your argument makes no sense whatsoever. What in the police power forbids them from legalizing any currently criminal action?
Forgive my use of wiki, as I don't have time to fully research this, but the police power has been interpreted that the states have power to promote the general welfare of the people. I argue that they in no way could use that power to affirmatively "legalize" murder as it goes against any concept of general welfare and therefore would be an unconstitutional use of the police power.
But I think you are confusing who gets to choose: The states say what is in the general welfare, not the courts (at least under rational basis). If everyone in Idaho woke up tomorrow and thought "the general welfare means being able to do whatever the fuck I want" and gets the legislature to endorse this view, who are you as a court to say that's not the case?
In other words, the police power itself is the power to decide what is the general welfare, even if you disagree (as would any sane person in the case of legalizing murder, which is why it won't happen).