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1/ @MollyRatty retweeted an article by @JonahDispatch expressing white hot anger at the lawsuits filed regarding the election by Texas et al. Putting aside the merits of the suit and the election, Mr. Goldberg wrings his hands in the name of the Electoral College and Federalism.
2/ The issue of Federalism is an odd one in 2020. An argument is certainly available (and I can support) that the Warren and Burger Courts largely ruined Federalism. What exists today in the US is less than a pale version of the dynamism and features of actual Federalism. This
3/ system of governance is possibly the best form of organizing a diverse nation ever. Federalism recognizes regional mores, cultural differences, and economic differences and policy. It allows two freedoms to flourish: (1) the ability to know representatives, and (2) the ability
4/ to move to an area that matches your preferences. States (as smaller units than a whole US) are able to experiment with policy, and the results are there for other States and citizens of the US to see. As long as the actual Commerce Clause is enforced, this works well. People
5/ can order their lives with greater flexibility. Politicians are not ensconced in a far away City-State. Lobbying power is not concentrated in one, far reaching spot. The morality of Utah does not affect the amorality of California. Most importantly, the frustration of both
6/ Left and Liberty oriented citizens at being subjected to the other's choices is mitigated by greater choice. Each State's Constitution is tailored to the residents' preferences. The Federal government still has a role, albeit a vastly smaller one. Essentially, ensuring
7/ against State protectionism, rules for the stock market, diversity jurisdiction, foreign relations, and national security, and the actual other limited Constitutional responsibilities. This means your politicians closest to you are the most vital and accountable, and one does
8/ not have questions like "why does the FBI have jurisdiction over bank robberies?" There are other issues, but this largely covers the landscape. Why am I bringing this up? Two reasons. First, there is, in fact, a growing chasm in this country between collectivist people and
9/ individualists. Real Federalism offers, as Glen Reynolds has repeatedly pointed out, an opportunity without violence to narrow tha chasm, and preserve the US as a nation. As long as people can move, you can find a place that suits you. The domineering Federal government
10/ smothers the diversity of the State's different policies choices, experiment results, and deters such experimentation. One cannot flee the "bad" acts of the Federal government and still be an American. No options leads to greater frustration on all sides, and violence.
11/ Returning to Federalism is not a cure all, but is a salve. The second reason I raise this for thought is the "choice." The choice is whether to promote Federalism not just when the Federal government acts in a way to one's distaste. When the 2nd Amendment is applied to
12/ all States through the Constitution is as anathema to Federalism as Congress twisting the Commerce Clause in such a way as to apply something as dumb as a national minimum wage. Changing this would require Supreme Court Justice to make a wholesale return to the Constitution
13/ as actually written, and voters to choose US Representatives who want less, not more power, regardless of where they sit on the spectrum. This is tough, and in the case of the Left, tougher because its economics are parasitic by nature. However, if the "marraige" of the US is
14/ worth saving, this may be the hope. I am OK with a divorce sans violence. Maybe we need to go our separate ways. It has happened before. But if the US is to stay United, people can start asking "why is this a federal issue," and literally stop making a Federal case out of it.
