I just can’t help myself, it seems. I suppose my attitude towards Dems suffers from the soft bigotry of low expectations, – I really don’t expect any better from them. For the Reps, well, they have been marginally better than the Dems on liberty issues, but whatever principled commitment they had to Constitutional limited government is apparently no match for the strong solvent of controlling the unitary state.
This time, really, a nice even-handed non-partisan bashing that indicts both Dems and Reps on federalism. I happen to think that dispersed power is one of the most critical bulwarks for freedom in any society, and one to which many seem oblivious to. The column details the ways in which the dispersion of government power in the US has been destroyed by both Dems and Reps.
Since the Great Society delusions of President Lyndon B. Johnson, Democrats have assumed the powers of Congress are unlimited absent an express constitutional prohibition. The assumption turned the Constitution on its head. It evoked stentorian pledges from Republicans to honor traditional state prerogatives and to restore the Founding Fathers’ design of a limited federal government, not a Leviathan. But after capturing control of Congress and the White House, Republicans are bettering the instruction of Democrats in pulverizing federalism. The pledges of change proved hollow, like a munificent bequest in a pauper’s will, to borrow from Supreme Court Justice Robert Jackson.
The US Constitution successful in preserving individual freedom as long as it did in large part because it dispersed power so widely among and between the state and national governments, the governments and the people, and between the branches of the national government. That dispersion is at an end, and with it is born the unitary totalising state that is, and always has been, the bane of individual freedom.
One side note – the article actually does a decent job of capturing the embryonic “new federalism” jurisprudence of the Supreme Court, but any Court that will uphold an abomination like the McCain-Feingold political speech controls offers faint hope indeed to libertarians.
