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Neighbors, States, Peoples, and Nations: What Do We Owe Our Fellow Americans?

WHAT DO PEOPLE WHO LIVE IN CONNECTICUT OR CALIFORNIA owe to those who live in Arizona or Alabama? What do people who live in Montana owe those who live in Maine? What do Americans, collectively, as Americans, owe each other, as distinct from other people in need around the globe? Do we have a common obligation to care for one other? If so, what is its basis? Do we have a common morality that grounds such an obligation? If so, what is it? Underlying these questions is the broader issue of the purpose and limits of nationhood. Given the current composition of the Supreme Court, I expect to see a renewed emphasis on states’ rights and a concomitant diminishment of the power of the federal government over matter internal to the states. Emboldened by the now regnant originalist jurisprudence, I would not be utterly surprised to see some states attempt to establish a “religion” (even simply “biblical Christianity”) in the next twenty years—the First Amendment religion clauses were fully not applied to the states until 1947.1 Less surprising, particularly if the constitutionally protected right to privacy is cut back by the new 6-3 conservative majority on the Court, would be to see regions of the country develop very different—indeed, conflicting—public moralities around sex, gender, marriage, and reproduction.