Bring Back Federalism

Some powerful good sense from David Gelernter.

The Founders designed a vast garment for America that hugs where it should hug and stretches where it should stretch; each state creates its own society, and the Constitution stitches them all together into a comfortable, sensible union suit. "As this government is composed of small republics, it enjoys the internal happiness of each," writes Alexander Hamilton in Federalist 9, "and with respect to its external situation, it is possessed, by means of the association, of all the advantages of large monarchies."

But the collapse of federalism has ruined this valuable arrangement. The collapse gathered momentum with the Supreme Court's 1973 decision in Roe v. Wade, which legalized abortion and was a tragedy for reasons beyond those that are usually discussed; a tragedy even for Americans who believe in completely unregulated abortion.

Roe was a power grab in which uniformity was imposed on a facet of society that had been allowed to vary. "Diversity" is a big selling point on the left, but not among believers in an activist Supreme Court.

I quibble with him about the cause of Federalism's fall. I think Lincoln shares as much blame as FDR. But I certainly agree with his identification of the problem and suggested solution.