Patterico's Pontifications

8/21/2017

On Making Federalism Great Again

Filed under: General — Dana @ 5:21 pm

[guest post by Dana]

Ilya Somin has an insightful op-ed up over at National Review Online. It is well worth the read:

The Republicans are supposed to be the party of state autonomy and strict limits on federal power. But you would not know it based on the first six months of the Trump administration. On a variety of major issues involving immigration, law enforcement, and the “war on drugs,” the administration’s policies exemplify the phenomenon of “fair-weather federalism”: respecting limits on federal power only when politically convenient….

Sadly, the Trump administration and the GOP are far from the only fair-weather federalists in politics. Many of the liberal Democrats currently relying on federalism principles to protect sanctuary cities against Trump decried those very constraints in the past, when they impeded progressive priorities.

Both the Left and the Right could benefit from a more principled commitment to limiting federal power…. This is especially true in an era of deep partisan polarization, when Democrats and Republicans are farther apart on most issues than they have been in decades….

Decentralization of power can also help defuse the partisan hatred that is poisoning our politics. If the federal government had less control over our lives, both sides would have less to fear from their opponents’ victories at the national level.

Some people understandably fear that restricting federal power might open the door to oppressive state and local policies. The federal government undoubtedly has a role to play in enforcing constitutional rights and preventing unconstitutional discrimination by state and local governments. But carrying out those functions does not require anything approaching the sweeping authority currently wielded by Washington.

Since the election of Trump, leading progressive scholars such as National Constitution Center president Jeffrey Rosen and Yale Law School dean Heather Gerken have urged the Left to take a more favorable view of federalism. Left and Right are unlikely to come to a complete consensus on federalism any time soon. But there is considerable potential for agreement nonetheless. A new bipartisan and cross-ideological appreciation for limits on federal power could become one of the few beneficial developments of the Trump era. Together, we might yet make federalism great again.

(Cross-posted at The Jury Talks Back.)

–Dana

70 Responses to “On Making Federalism Great Again”

  1. Nothing unites quite like a common enemy.

    Dana (023079)

  2. But you would not know it based on the first six months of the Trump administration.

    you wouldn’t know it by Ted Cruz’s madcap rush to federalize the Charlotteville protests with a full-blown DOJ investigation of

    well, he didn’t wait to find out exactly what did he

    happyfeet (28a91b)

  3. *Charlottesville* i mean

    i forgot the s again

    happyfeet (28a91b)

  4. I would disagree pikachu, mcawful and virtue’s negligence borders on malpractice, re immigration enforcement, drug interdiction, and general domestic security responsibilities those are federal law

    narciso (d1f714)

  5. Now theses ridiculous trans gender rules, genuflecting to skydragon thatvis something else again.

    narciso (d1f714)

  6. “war on drugs”

    SENATORS McCAIN & GILLIBRAND INTRODUCE BILL TO COMBAT OPIOID ADDICTION & ABUSE

    two patriots

    two war heroes

    but this war promises to test them to the very core

    this is not just a war on opioid addiction

    this is not just a war on opioid abuse

    this is a bold federal two-front war that’s nothing less than a high-stakes gamble with destiny

    it’s an all-out war on opioid addiction AND abuse

    to lose is unthinkable

    to win will take everything they’ve got and more

    happyfeet (28a91b)

  7. The fentanyl part of this, according to don Wilson , the George re martin of Mexican
    politics , believes the cartels stepped up the supply in order to compete with legal
    Colorado pot, this is why we can’t have nice things

    narciso (d1f714)

  8. One would start by closing the Department of Education.

    Kevin M (752a26)

  9. The Philippines have an all-out war on opioids and addiction. Maybe we can ask them for help.

    Kevin M (752a26)

  10. But you would not know it based on the first six months of the Trump administration.

    unless maybe you were paying close attention

    Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule

    Section 1. Policy. It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

    happyfeet (28a91b)

  11. This might be the rime to get a Nullification Amendment through.

    Kevin M (752a26)

  12. But you would not know it based on the first six months of the Trump administration.

    Executive Order Limiting Federal Role in Education

    President Trump signed an executive order focusing on the federal role in education policy. The Education Federalism Executive Order directs education secretary to review the impact of federal regulations on K-12 education. The president was joined by Vice President Mike Pence, Education Secretary Betsy DeVos, Governor Brian Sandoval (R-NV), and members of Congress.

    hot vid with naked xxx federalism action at the link

    happyfeet (28a91b)

  13. The opioid thing is hysteria. I’m glad I’m not a pain doc.

    Everything bad is Trump’s fault, I guess.

    The GOP Congress might get the surprise of its life next year. Sort of a Brat wurst, if you know what I mean.

    Mike K (b3dd19)

  14. Well its a complex issue, employment would help in places like jonestown

    narciso (d1f714)

  15. Federalism is a euphemism for states’ rights, and states’ rights is a euphemism for white supremacy.

    Frederick (30b972)

  16. Dr K, it is Trump’s fault. But this time metaphorically only. To the extent he has a political philosophy, Trump believes in a strong government maintaining order and respect for law, and I think much of the support for him is based on that. Trump voters want a government that is strong, respected, and maintains law and order domestically. It’s what I call authoritarian conservativism [if you that term is wrong, you’re welcome to use another one], and it does not always care for constitutional niceties. Most of the issues Somin refers to represent Trump’s administration moving towards stronger government presence in those areas.

    kishnevi (e95dc4)

  17. And “white supremacy” is a euphemism for anti white racism and bigotry. You idiots confuse white majority with white supremacy. If you don’t like the majority you can always go someplace where the majority is more to your liking. Nobody will stop you. One thing, if it’s so bad here with white supremacy why do all these people from Africa, the Middle East, South America and Asia climb over broken glass to get in? Or are all these people just stupid?

    Rev.Hoagie® (630eca)

  18. Off topic, but was that a remarkably substance-free speech the president just gave?

    Q! (267694)

  19. @18. Made ‘ya wanna charge up Archie Bunker hill, eh?

    Time to dust off an oldie but a goodie:

    Hey! Hey! Donnie-Jay! How many kids have you killed today?!
    Hey! Hey! Donnie-Jay! How many kids have you killed today?!

    DCSCA (797bc0)

  20. Kishnevi,

    I suspect that Trump views those “Constitutional niceties,” in so much as understands them, which I believe is very limited at best, as little more than hurdles challenging him to find a way around, over and under, anyway he can.

    Dana (023079)

  21. @Rev. Hoagie:And “white supremacy” is a euphemism for anti white racism and bigotry.

    Anti-white racism is a contradiction in terms. Only those who have privilege can be racist. Aren’t you paying attention?

    One thing, if it’s so bad here with white supremacy why do all these people from Africa, the Middle East, South America and Asia climb over broken glass to get in? Or are all these people just stupid?

    They want their fair share of what was stolen from their ancestors. Aren’t you paying attention?

    What little is good about the US, none of it is due to white people, that’s certain. Aren’t you paying attention?

    Frederick (30b972)

  22. McCain might want to think twice about making doctors afraid to prescribe morphine or fentanyl. And both of the times he thinks about it should be when his current dose is wearing off and it’s time for his next one.

    And what happened to Mexican Brown (War On Drugs I) and China White (War On Drugs II)? Nomenclature too politically incorrect now?

    nk (dbc370)

  23. @nk:Nomenclature too politically incorrect now?

    Asian-American, please.

    Frederick (30b972)

  24. So what is the panacea, treatment although one has year been able to come up with a plan that prevents recidivism, legalization, just a new brand of soma.

    narciso (d1f714)

  25. I share Dr. Mike’s opinion although I would use a different word than “hysteria”. Fraud, of the same kind as the fake war against Obamacare, Planned Parenthood, and Roe v. Wade. Politicians pretending to do something instead of doing something.

    nk (dbc370)

  26. It may help the occupancy rate for the prisons for profit, so that’s something I suppose. Asset forfeitures, too, and the cops and other public officials protecting the drug trade could hold out for bigger bribes in light of greater risk?

    nk (dbc370)

  27. Dana (023079) — 8/21/2017 @ 6:34 pm

    I was thinking more of Trump supporters and others of a conservative bent who should know about such niceties. As an example, former senators from Alabama.

    kishnevi (a77570)

  28. All of them, including the Chief Executive.

    Dana (023079)

  29. Frederick (30b972) — 8/21/2017 @ 6:37 pm

    I am presuming that is dry, VERRY dry wit. Astringent sarcasm, as it were…

    Yes?

    Doo-Dah, Doo-Dah (110104)

  30. Yes, but “constitutional niceties=hurdles” can apply to almost any of Trump’s predecessors, all the way back to John Adams and Thomas Jefferson. And if we looked closely enough, probably to George Washington as well.

    kishnevi (a77570)

  31. Well if youre considering the suppression of the whiskie rebellion, interesting thing I learned aboutdaniel shays he was a decorated veteran of bunker hill awning others

    narciso (d1f714)

  32. @Doo-dah, Doo-dah:I am presuming that is dry, VERRY dry wit.

    I am describing what I see, and illustrating Poe’s Law. Which has not been limited to creationists for a very long time now.

    Frederick (30b972)

  33. Federalism is a euphemism for states’ rights, and states’ rights is a euphemism for white supremacy.

    And white supremacy is a euphemism for slavery. So, federalism = slavery.

    Kevin M (752a26)

  34. Poe’s Law is having a nice airing out of late.

    Kevin M (752a26)

  35. @Kevin M: Poe’s Law is having a nice airing out of late.

    Yes it is.

    Frederick (30b972)

  36. with president mcmaster federalism has no chance.
    president Bannon would never send our kids into that trap.
    No wonder Bannon wanted out, this a-hole Trump and his democrat cabinet is doing nothing that he campaigned on.
    eff him and his family. impeachment is in the air.
    I should have trusted Patterico.

    mg (31009b)

  37. the republican party is proving you don’t have to fly planes into buildings to ruin a nation.
    way to go fellas.

    mg (31009b)

  38. been in afgannystan 16 years and the heroin production has increased ten fold. Friends who were in afgannystan say they never burned a poppy field because of nearby mosques. So bomb the mosques you uniformed dunces. we suck as a nation.

    mg (31009b)

  39. Trump – the newest military complex yes boy.
    pathetic

    mg (31009b)

  40. note that the dc us atty has not been confirmed, by McConnell,

    narciso (d1f714)

  41. mitch mcconnell and his corrupt pig wife are enjoying a richly deserved vacation Mr. narciso

    happyfeet (28a91b)

  42. it follows similar advice like the tipping point, this spring, re the Korean conflict,

    http://www.claremont.org/crb/article/war-without-end/

    narciso (d1f714)

  43. re the issue of drug interdiction, I’ve read ej Epstein’s polemic, about Nixon and Rockefeller, but that policy was designed to counter the ramsey clark category error as poverty and racism being the only variable re rising crime rates,

    narciso (d1f714)

  44. As noted in some comments, whether Trump’s policies on sanctuary cities constitutes federal overreach is debatable, but if you really want to federalize the issue, I would suggest the elimination of all federal funding to all cities (except in the event of an emergency). While we are at it, the same should be done for education. If you really want to free up their policies for more local control, you remove the federal government’s main source of leverage. Where will they get their funds without this gravy train? Let them keep more of their tax earnings and spend them as they see fit. This way they are no longer insulated from the good or bad consequences of their policies.

    Tony (ff2fe4)

  45. Killing Terrorists Is Not a Strategy

    Fred Kaplan, Slate

    this is from the guy what thinks giving Iran some nukes to genocide Israel with is a strategic masterstroke

    doesn’t he know slimy anti-semitic US army general H.R. McMaster wholeheartedly supports both policies?

    the bottom line is

    failmerica’s corrupt sleazy pentagon piggy trash *need* war in Afghanistan to extort more money for their goldplated and decrepit tatted-up tranny military

    just ask slimy p.o.s. war hero John McCain – he knows

    happyfeet (28a91b)

  46. meanwhile on the med, in an ostensibly center right regime

    https://twitter.com/Debradelai/status/899718925407182849

    narciso (d1f714)

  47. Substitute California for Cataluna and I totally see what you did there.

    urbanleftbehind (c42acd)

  48. Operating without transparency is a two- edged sword. The American public has been hacked before we had the blindfold.

    What could go wrong?

    Ben burn (ae7a29)

  49. Founding fathers wanted civilian oversight of the military, but our civilian needs oversight.

    Ben burn (ae7a29)

  50. Alas, mg, alas, but people coudnt get over Ted being Cruz and thought that a cheese eating deer would be frozen in the headlights.

    urbanleftbehind (c42acd)

  51. Kevin Drum on Insurgencies..

    March
    GENERALS: Not much more we can do. Maybe a few additional troops. Push harder on Pakistan. Stop worrying so much about civilian casualties.
    TRUMP: Try again.

    April
    GENERALS: Not much more we can do. Maybe a few additional troops. Push harder on Pakistan. Stop worrying so much about civilian casualties.
    TRUMP: Not good enough.

    May
    GENERALS: Not much more we can do. Maybe a few additional troops. Push harder on Pakistan. Stop worrying so much about civilian casualties.
    TRUMP: You have to do better.

    June
    GENERALS: Not much more we can do. Maybe a few additional troops. Push harder on Pakistan. Stop worrying so much about civilian casualties.
    TRUMP: Goddamit, I want to kick some ass!

    July
    GENERALS: Not much more we can do. Maybe a few additional troops. Push harder on Pakistan. Stop worrying so much about civilian casualties.
    TRUMP: Fine. Where’s my speechwriter?

    August
    TRUMP: Today I am announcing a bold, new plan for total victory in Afghanistan. We will stop talking about troop levels. We will stop coddling Pakistan. We will unleash our military. And we will win.

    Ben burn (ae7a29)

  52. But, NO NATION BUILDING!!

    Believe in bringing back the Industrial Age and ALL-AMERICAN STEEL PIPELINES..

    Ben burn (ae7a29)

  53. “Since the election of Trump, leading progressive scholars such as National Constitution Center president Jeffrey Rosen and Yale Law School dean Heather Gerken have urged the Left to take a more favorable view of federalism”

    Trump gets no credit for Federalism on opioid. Let the state’s handle it Homer Simpson.

    Ben burn (ae7a29)

  54. Decentralization of power can also help defuse the partisan hatred that is poisoning our politics. If the federal government had less control over our lives, both sides would have less to fear from their opponents’ victories at the national level.

    Indeed. This is one of the more obvious reasons as to why politics is getting so nasty — there’s more to lose when you lose — and a wonderful argument against the growth of the socialist state.

    J.P. (9e0433)

  55. Too big to fail wins again. The positives from last night are clarifying roles and responsibilities and lifting self-defeating rules of engagement. The negatives are remaining in the middle of a militarized struggle for power between sharia-based groups and the belief that militant muslims living in and fighting from mosques, schools, hospitals and homes is better than one where they gather in more easily targeted rural training camps.

    Remaining engaged in the political struggle for control of Kabul between the Taliban and the fledgling Afghan government seems more likely to lead to a perpetual struggle between warring parties as in Jerusalem than it does to eliminating ISIS in Raqqa but time will tell.

    crazy (11d38b)

  56. the other takeaway from last night is it signals our tranny generals are fundamentally unserious about engaging north korea militarily

    that’s clearly all talk if they’re diverting resources to the lost cause of afghanistan

    happyfeet (28a91b)

  57. I suspect they’re prepared to act but fully aware and respectful of the consequences for Seoul. The apparent pattern is a pressure campaign to convince the sideline players and instigators to get in the game on the side of established norms among nations. That works as long as the lesser and rising powers believe they have more to gain by cooperating than they have to lose by opposing or resisting.

    Our first foreign campaign against the Barbary Pirates accomplished a lot more with a lot less by convincing an earlier version of sharia-compliant warlords to leave US alone – fight among yourselves, but stop harming our people and interest in trade or you won’t have anything left to interfere with. Kinder, gentler precision warfare makes US feel good but isn’t convincing any of the bad operators to stop. We’ll have to see how this unfolds.

    crazy (11d38b)

  58. the navy for sure isn’t prepared to act

    happyfeet (28a91b)

  59. less prepared today for sure… don’t know whether to hope these accidents are the result of navigation spoofing, complacency or incompetence… all bad… hope they figure it out quickly

    crazy (11d38b)

  60. The last stages of Viet Nam were dominated with MOAB policy and illegal border skirmishes leading to Pol Pot.

    Dena By all over again.

    Ben burn (ae7a29)

  61. Dena Vu all over again..

    Ben burn (ae7a29)

  62. HOLEEE!! DEJA! DEJA! Ffs!

    Ben burn (ae7a29)

  63. “Dena By all over again.”

    Ben burn (ae7a29) — 8/22/2017 @ 7:33 am

    Yur work here are dun.

    Colonel Haiku (15b793)

  64. Ben pivkrd up a particular bad batch of brown acid, as codevilla pointed out inbtipping point, the failure to follow through cleaning out the sanctuaries in southern china set the stage for today.

    In other news it appears the Mccain was hacked, maybe by the same people crowdstrike fined for Sony. Something right outvof tomorrow never dies

    narciso (d1f714)

  65. awan bros probably hacked the mccain

    mg (31009b)

  66. Can we put ben and mg in a room?

    Kevin M (752a26)

  67. Narciso prefers hillbilly heroin.

    Pfc’s MOS is with his junk in the trunk.

    Ben burn (ae7a29)

  68. Ben is still having flashback from Berkeley 69, sort of Robert hays in airplane but unintentionally funny.

    narciso (d1f714)


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