1/01/2014

Crazy-ass Federalism

Michael S. Greve at LibertyLaw.com has some thoughts about how political polarization among the States within these United States of America is a good thing.  He describes the system as "competitive federalism" -- which basically boils down to "if you don't like it, you can always move to Texas" or some other "free" State:

"Competitive federalism satisfies preferences. A thoroughly blue or red United States would leave one half of the country very unhappy. That’s not true under federalism—not when preferences are heterogeneous across states and (relatively) homogeneous within states. As, increasingly, now. "

What kind of crazy-ass federalism is that?  Is that some kind of Libertarian crazy-ass federalism? 

If the government of the United States does anything, it is supposed to "secure the blessings of liberty to ourselves and our posterity".  Does it do that by allowing any kind of penny-ante tyrant to control any of the individual States?  Why is there a Bill of Rights if States have rights?  Dude:  individual persons have rights.  States don't have rights.  States have power.  Because the States have power, we needed the Bill of [Individual Personal] Rights.

If I had faith the size of a mustard seed, I realize, I would be able to say to my family dwelling, "Be uprooted, and transported to Texas!"  And it would be the same thing to say it and for it to be.

Unfortunately I have neither the spiritual nor the financial power to be able to engage in Mr. Greve's version of "competition".  I doubt most people could.  Is he saying that freedom is only for the rich?  Is freedom really only for those well-to-do enough to buy that home (in many cases a second home or retirement home) in Oregon or Wyoming or Texas or some other State more free than California? 


We shouldn't be talking about the benefits of live-and-let-live among the states and if you don't like it lump it or move to Texas.  There should be real questioning about the extent to which individual states can go with their systemic tyranny before the constituted government of the United States must step in to secure the blessings of liberty.  I know that isn't going to happen under the present Congress or Supreme Court any more than liberty is spontaneously going to break out in deeply "Blue State" California. 

You can laugh at California.  Yeah, we're so screwed.  (Unless rich enough to uproot and be planted anew elsewhere.)  But Californification is creeping sleeplessly into everything.  It is already in the Federal Government.  It shows how far we are from Constitutional rule.  Friend, wherever you may move to, we're all  so screwed.

For now there may be places that are "more free" -- less infected by Left/Liberal/Progressive craziness.  But no place is immune to the infection.  And the infection only spreads. 

Does that mean there is no hope?  No.  There is hope. 

In the end we win, they lose.  (I keep telling myself that.)  But there will be a time when it will be very rough.  Everywhere.  Thanks a lot, you crazy-ass federalist Libertarian asshole that moved to Oregon or wherever.  All you did was postpone the date the infection goes critical, and help insure that the bump at the bottom of the fall will be harder. 


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