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August 16, 2005
Power's Playground
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Marci Hamilton holds the Paul R. Verkuil Chair in Public Law at Yeshiva University's Benjamin N. Cardozo School of Law and is the author of "God vs. the Gavel: Religion and the Rule of Law." |
Erwin says:
No one is talking about eliminating state and local governments.
No one wants to eliminate the state and local governments themselves — just their power. The question of federalism is all about the division of power between the federal and state governments. Between the unchecked pork barrel spending, the delegation of policy making to the executive branch, and the de minimis checks on Congress's power, the Capitol building is a literal playground for our elected representatives. It's bad for the states, bad for the people, but also bad for Congress.
Under the current regime, it is impossible for any member of Congress to say to a constituent that the problem mentioned is beyond his or her jurisdiction. Every issue is Congress's issue, which means its resources are scattered and its focus is far off the horizon of the national common good (where the Framers hoped to train it). It is in the members' interests to have federalism enforced, though no politician (or human, for that matter) gives up power willingly.
Posted at August 16, 2005 02:26 PM