Why not emigrate?

Justin Schwartz jkschw at hotmail.com
Tue Jun 4 09:46:32 PDT 2002



>
>
> Question: Isn't it the case that one can treat the federal-state
>relationship as horizontal (though not entirely), as opposed to vertical?
>In fact, isn't that the position of the inaptly named Federalists? That is
>to say, the jurisdictions of the federal and state governemtns should
>overlap as little as possible, such that the States regluate that which
>which is best regulated on a local level, and the federal government
>regulate what is best regulated more globally.

Sorry if the metaphy was confusing. Thats' what I meant.


>As for federalism being a huge pain in the posterior: The theoretical
>problem confonting us today is the same as the one confronting Madison:

??? Au contraire. He had to hammer a bunch of statelets into a nation. We don't.


>Whereas a central government minimizes corruption at the local level, it
>simultaeously makes corruption possible at the global level.

Not really a central issue for Madison.


>Federalism is founed, in parrt, on the belief that the smaller the
>government, the easier it is for it to captured by "special" interests.

What do you mean, Federalism? For Madison it meant a strong central govt. For modern neo-Federalists (anti-Federalists in Madisonian terms) it means a weak central govt.


>The prolem we have today is that even the federal government is "small"
>compared to the size of "special" (corporate) interests.

No, it's not. It's just in bed with them.


>To the extent that certain States are doing a poor job protecting certain
>inalienable rights (notably civil rights), then federalism is good if those
>states can be forced to act via the edicts of national government.
>However, to the extent that the States are doing a better job than the feds
>(more and more likely under the reign of King George II), then moving power
>to the states may the better thing.

The point's been noted. But I'm not talking about practical medium term politics in that sense, but the fact that Madison's compromise, with a pretense that states are sovereign, is anachronistic. And, as the Supremes are currently showing us, dangerous.

jks

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