Comment Leave it to the states (Score 4, Insightful) 408
Eighteen states and the District of Columbia have passed laws making texting while driving illegal and seven states and the district have banned driving while talking on a handheld cell phone.
This is an example of states setting their own laws to respond to an issue that directly affects the lives of their citizens. The possibility of the federal government stepping in and usurping this power is analogous to America's situation as far as the legal drinking age goes - MADD used its lobbying power to get Congress to essentially coerce the states into following its will. Keep in mind, barring a constitutional amendment, congress lacks the power to directly affect the drinking age - hence their questionable approach (albeit one that has been upheld by the courts) of saying, "well look, states, we're not telling you you HAVE to set the drinking age at 21, but if you don't, something might happen to your federal highway funding. We're just saying, it could happen." I realize that it would be somewhat impractical for the federal government to stay limited by an extremely strict interpretation of the Constitution, but there is absolutely no reason for the national government to waste its valuable time meddling here (don't we have a health care crisis or recession or whatever that they should be dealing with?). Cell phone use, like the drinking age, is one of those areas which should not be controlled nationally - if we take away all the powers of the states to set their own laws, then what's the point of even having a federal system to begin with?