Left Handed Federalism

I’ve been thinking about progressives and Federalism and as SNL’s Chico Escuala might say:  “Federalism be berry, berry good to them”.  Because what we have now is really ‘left handed’ Federalism.

Left Handed FederalismProgressives have the best of centralization and federalism – Federal Domestic legislation is almost always ‘minimum standard’ legislation, mandating a minimum state intervention or benefit.  Progressive (I’m omitting the ironic scare quotes for style) states are free to pursue Federalism in the only way that they want to:  more state intervention.  More conservative states don’t have the same option, thus we have left handed Federalism.

Constitutional Nullification  Progressive states have replaced the solid south as the locus for Federal Nullification – whether it’s cities refusing to accept the SC’s 2^nd Amendment decisions or medical marijuana (which I support, btw) progressive states and communities routinely refuse to abide by or enforce Federal laws they don’t like.  They are aided in this by an establishment press who hardly ever finds fault with them for it.

Exhibit No 1:  Immigration  The best example of this is immigration.  Recently, Arizona had the temerity to pass a law directing state and local law enforcement to do nothing more than enforce the Federal law and was pilloried for infringing on the ‘prerogatives’ of the Federal government.  By contrast, California routinely and actively nullifies Federal immigration law, handing out drivers licenses and so on.  And all we hear are…crickets.  Orval Faubus is now Jerry Brown.

Turning the Tables   What would happen if Federal law was rewritten to be ‘maximum intervention’ rather than ‘minimum standard’, leaving states the ability to intervene less but not more?  And what will happen to progressive nullification as the establishment press continues to decompose and information becomes more and more democratic?

The End of Empire  I think some prescient progressives are realizing that with the collapse of the social democratic model the future will not be kind to progressive governance and its favored constituencies.  As the rot spreads, they will increasingly see themselves as latter day Celtic Monks fortifying their state monasteries to save ‘civilization’ from the conservative huns. 

It goes without saying that the process works in reverse for us barbarians.  Something that concerns me greatly.