Saturday, September 26, 2009

Human Nature and Federalism

The Federalist Papers” talked about competition between States and the Federal Government “for the affections of the people” and they did not really say much about competitive business. James Madison wrote, “The powers delegated by the proposed Constitution to the Federal Government are few and defined. Those which are to remain in the state governments are numerous and indefinite.”

When I speak of the United States as becoming laboratories of evolution, I have in mind the Federalist idea of healthy competition and variety. Federalism of course also protects us from outside forces and keeps the peace between states, which is the main task of the Federal Government.

I think that the forces that are eventually tearing us apart can eventually pull us back together again. The United States and the Constitution actually accommodate human nature, and human nature prefers such things as localism, strong attachments to small states, and even ethnicity.

Thinking of Federalism this way, with the States as laboratories of evolution, requires a hospitable political climate, or perhaps more accurately, a less favorable political climate. When we are at each other's throats perhaps then we will see the sense in “devolution” and the restoration of the separate enumerated powers of the original Federalism of our Constitution. Like the Evolutionary Christian Church, the restoration of Federalism needs a supporting body of citizens.

Who might they be? Michael Greve (Real Federalism) suggests that they are a conglomeration of leave-us-alone populists, grass roots gun owners, school choice and home schooling groups, the term limits movement, property rights groups, religious advocacy organizations, tax limitation groups, small business owners, and so on. But we would also like to see the the Left, the New Right, the far right, and even the anarchist right perceive the practical sense of legal Constitutional Federalism.

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