Printer Friendly
The Free Library
14,506,802 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Roll over, James Madison: where have all the federalists gone? (Rant).


WE MAY BE losing liberties in the war on terrorism Terrorist acts and the threat of Terrorism have occupied the various law enforcement agencies in the U.S. government for many years. The Anti-Terrorism and Effective Death Penalty Act of 1996, as amended by the usa patriot act , but at least we know they're disappearing. We've heard less about the injuries done to federalism, because the people who usually speak up for that principle-the conservatives-have been largely AWOL.

Federalism comes in many flavors. There is your garden-variety laboratories-of-democracy federalism, where Oregon can institute single-payer health care Single-payer health care is an American term describing the payment for doctors, hospitals and other providers for health care from a single fund. The Canadian health care system and Medicare in the U.S. for the elderly are single-payer systems.  and Wisconsin can throw everyone off welfare and Iowa gets to watch and learn. There are more hard-cover varieties too, like National Review Online chief Jonan Goldberg's proposal to do away with "98 percent of all conservative-versus-libertarian arguments" by decentralizing de·cen·tral·ize  
v. de·cen·tral·ized, de·cen·tral·iz·ing, de·cen·tral·iz·es

v.tr.
1. To distribute the administrative functions or powers of (a central authority) among several local authorities.
 most public policy to the cities and counties.

But it's hard to devolve devolve v. when property is automatically transferred from one party to another by operation of law, without any act required of either past or present owner. The most common example is passing of title to the natural heir of a person upon his death.  decision making when Washington keeps arrogating power to itself. Since 9/11, a Republican administration has federalized airport security, imposed new unfunded mandates on local transportation authorities, and even flirted with moving the military into domestic police work. A few conservatives have stood up against such changes. Others, including some purported federalist fed·er·al·ist  
n.
1. An advocate of federalism.

2. Federalist A member or supporter of the Federalist Party.

adj.
1. Of or relating to federalism or its advocates.

2.
 fanatics, haven't complained about much besides the new airport security regime--and that mostly because it won't engage in racial profiling The consideration of race, ethnicity, or national origin by an officer of the law in deciding when and how to intervene in an enforcement capacity.

Police officers often profile certain types of individuals who are more likely to perpetrate crimes.
.

One conservative who's stuck to her federalist ideals is the hardest-working housewife in politics, Phyllis Schlafly. In a syndicated column this summer, she thundered against "increased federal control" in the wake of 9/11, targeting her ire at Operation TIPS Operation TIPS, where the last part is an anagram for the Terrorism Information and Prevention System, was designed by President George W. Bush to have United States citizens report suspicious activity.  (the administration's proposed national clearinghouse for Stalinoid snitching), the USA PATRIOT Act USA PATRIOT Act [Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorists], 2001, U.S. , and the president's National Strategy for Homeland Security.

The last, Schlafly wrote, "sets us on the path of morphing driver's licenses into a national ID card." She noted that such licenses are and should be under state jurisdiction"-and suggested that Washington could achieve the same national-security ends without stepping on the Constitution if it would merely reform "the irresponsible way it issues visas to people from terrorist countries."

She also objected to the idea of using the military as domestic cops: "If U.S. troops are to defend us against terrorists, they should be used to prevent suspicious aliens from coming across our borders, not for police work against U.S. citizens."

Search the work of Goldberg, recovering Leninist David Horowitz, Wall Street Journal Arab basher James Taranto, and other erstwhile federalists. You'll find no echo of this analysis. You will, however, find defenses of the new programs, with The Weekly Standard's Fred Barnes even stumping for a national ID card. Taranto claims TIPS should raise no civil liberties concerns, and Horowitz has been nostalgic for the FBI's old Cointelpro program of domestic spying.

The writer who came closest to addressing the federalism issue was Goldberg, when he distinguished himself from "anti-state conservatives" as well as libertarians. Those groups oppose centralized power per se, he explained. And while he "would prefer as small a government as most anti-state conservatives," he figures the republican vanguard might as well seize the commanding heights and start "kicking the Left to the curb" before it allows the state to wither away.

Perhaps I'm just not being creative enough in my interpretation of federalist principles. Perhaps, when the Pentagon's colony at Guantanamo exempted itself from the ordinary rules of imprisonment Imprisonment
See also Isolation.

Alcatraz Island

former federal maximum security penitentiary, near San Francisco; “escapeproof.” [Am. Hist.: Flexner, 218]

Altmark, the

German prison ship in World War II. [Br. Hist.
, it was merely being another laboratory of democracy. Perhaps Operation TIPS is a radical experiment in Swiss-style decentralized de·cen·tral·ize  
v. de·cen·tral·ized, de·cen·tral·iz·ing, de·cen·tral·iz·es

v.tr.
1. To distribute the administrative functions or powers of (a central authority) among several local authorities.
 defense, with citizen-spies instead of citizen-soldiers. Perhaps the president reviews the collected work of James Madison each morning before setting out to make policy -- or, even more formidable, the collected reverent rev·er·ent  
adj.
Marked by, feeling, or expressing reverence.



[Middle English, from Old French, from Latin rever
 references to Madison in National Review.

Or perhaps some of liberty's fair-weather friends are fickle pals of federalism as well.

Associate Editor Jesse Walker is the author of Rebels on the Air: An Alternative History of Radio in America (NTL/Press).
COPYRIGHT 2002 Reason Foundation
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Author:Walker, Jesse
Publication:Reason
Geographic Code:1USA
Date:Nov 1, 2002
Words:611
Previous Article:Dad blood: if DNA tests prove that you're not your children's father, do you still owe child support? (Columns).(Column)
Next Article:Gun Control's Twisted Outcome: restricting firearms has helped make England more crime-ridden than the U.S.
Topics:



Related Articles
The Conservative Cabal That's Transforming American Law.
The Virginia and Kentucky Resolutions Reconsidered: "An Appeal to the Real Laws of Our Country".
The Right Arena.(disputed election results in Florida bring a reminder of other close elections)(Brief Article)
Anti-federalists on target. (Letters to the Editor).
Marbury v. Madison: a landmark decision made 200 years ago changed the Supreme Court forever. (American History).
The Political Philosophy of James Madison.(Book Review)
The fight for the Bill of Rights; the Bill of Rights is one of the most important documents in American history. Why isn't it part of the original...
Conservatism, centralization, and constitutional federalism.(Critical Essay)
Ratifying the Republic: Antifederalists and Federalists in Constitutional Time.(Book Review)
Our founding fathers: after the American Revolution, how did the 13 colonies come together to create a nation?(AMERICAN HISTORY PLAY)

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles