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On Federalism

Fred Thompson has a long essay. I like it. I hope that he can force a debate on actual constitutional principles (something that most Republicans seem quite out to sea on these days).

Posted by Rand Simberg at July 28, 2007 10:06 AM
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It's lip service, Rand. The Government formerly known as federal has accreted onto itself plenary taxing and regulatory authority that makes almost everything fair game and the economics of representation puts all power up for sale. Dismantling it will take a Constitutional amendment which includes substantial payoffs for the (primarily small-state) beneficiaries of the current central regulation, and tax and spend regimes.

One stop-gap is to vote a 60% cloture rule for the House. But it takes a far-sighted majority party to extend to those across the aisle veto power.

A President can make the Government fairer and give those who want it smaller more say by vetoing every piece of legislation. I'd like to hear that as a platform from someone.

Posted by Sam Dinkin at July 29, 2007 10:44 AM

The problem could actually be solved with the appointment of judges to the courts (particularly the Supreme Court) that actually believe in the 10th Amendment. Unfortunately, even some of the so-called conservatives (e.g., Scalia and Thomas)on this bench are "fair-weather federalists," only liking it when it fits their own political predilections.

Posted by Rand Simberg at July 29, 2007 11:00 AM

Yes, the Court has reinvented federalism from time to time with family law and criminal law. It would be interesting to test term limits by making being a federal legislator too long a felony. It's more ill-weather federalism. If a judge is siding with the majority party in the central government, the judge tends to take a centralist stance. Supporting federalism requires taking a long term view that incorporates better governance when your party is out of power.

Posted by Sam Dinkin at July 30, 2007 11:51 AM

Dismantling it will take a Constitutional amendment which includes substantial payoffs for the (primarily small-state) beneficiaries of the current central regulation, and tax and spend regimes.

Or education of the American People. Educate the people and show them the history and the success of federalism and they will respond. This country was founded on people. Once educated and fired with passion, we become a force to be reckoned with.

Posted by Mac at July 31, 2007 05:39 AM

If you educate Americans, a sufficient minority to block passage will find it in their interest to do so without a payoff. The EU is having trouble finding a representation formula that will work for all parties. There is a reason for that. Representation along with unlimited tax and regulation authority leads to systematic large cash transfers to overrepresented districts.

Posted by Sam Dinkin at July 31, 2007 01:16 PM


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