We've got a little backyard brawl going on in my pundit corner of the Blogosphere revolving around Fred Thompson's hyper-federalism that is uneasy of pulling rank on the states on issues like same-sex-marriage. Fred backer Joe Carter is uneasy with his guy's stand, hearkening back to the Catholic construct of subsidiarity and the neo-Calvinist construct of sphere sovereignty; there are proper levels to do things, not all of which is on the state or local level.
Fellow Mike Huckabee backer Jason Steffens concurs, and urges him to come over the Man from Hope 2.0. He sited Henry Neufeld, who stated that “social conservatives see their socially conservative goals as more
important than the constitutional form of government and the 10th
amendment in particular.”
That may be overstating the case a little bit. One can be for the Constitution and differ on which things should be done on the state level and what things should be done on the federal level. The debate that gets Thompson in trouble is that he merely wants to amend the constitution to allow states to not recognize same-sex marriages performed elsewhere (barring the Supreme Court from mandating national recognition somewhere down the line) rather than banning them nationwide, as more conservative folks are striving for.
On the other side of the fight is Joe's fellow Blogs For Fred cohost Josh Claybourn. FDT? He'd have to get elected President and do something noteworthy to get to be acronymed in my book, sir. Right now, that looks more how to send flowers nationwide than the next president.
Josh is in favor of keeping the federal government out of those decisions, on the grounds that more federal power is bad across the board
There are countless reasons to support federalism, not the least of
which is that the founders intended it to be the governing philosophy.
But it also maximizes freedom in a large and diverse nation where,
without it, states are governed in ways which are not ideal for its
unique population, economy and culture. This freedom ensures choice and
competition. In many cases, such as education, it can also ensure
efficiency.
Yes, if the federal government screws things up, it screws it up
nationally. That's a good reason to be cautious on what gets done
nationally and to test it out at the state level if possible before
launching it on a federal level.
However, federalism doesn't maximize freedom if the local governments decide to minimize the freedoms of its citizens. I won't play the Jim Crow card, as liberals like to do in this debate; I can look to the present just fine.
Ask the folks in New York who'd like to have a gun to defend themselves if federalism maximizes their freedom. Ask the folks in states who make life difficult to home school kids if federalism maximizes their freedom. Ask the motorcycle drivers who don't like helmets if state helmet requirements maximizes their freedom. Ask the beer-lovers in the dry counties of Kentucky if federalism maximizes their freedom.
Those last two might not be all that bad laws, and some folks on the port-side of the Peanut Gallery would say amen to the first. However, they are all laws designed to insure the safety and well-being of their citizens. I hear the right side of the Peanut Gallery say that the second one only insures the wellbeing of the NEA, but people have often been honestly concerned of whether home-schooled kids are getting a good education; wrongly concerned, if you look at the data, but honestly concerned nonetheless.
The federal government can make massive boners, but so can state governments or state courts; it was the Massachusetts court system that made same-sex marriage a live federal issue. Sometimes, federal law can step in to fix a state oversight; for instance, federal civil-rights law can be used to prosecute crimes that fall through the cracks at the state level, as might be called for in the Jena 6 case for the white noose-hangers.
There are times where the federal government needs to pull rank and do things on a federal level. As much as the Civil Rights Act can be a pain in the butt to local election officials, letting them have carte blanche to disenfranchise whomever they want is even worse. Partial-birth abortion might be another case where the federal government stepped in to protect the safety and well-being of its citizens (broadly defined to include the not-quite-born).
Thus, I'll take issue with Josh's closing thoughts.
For Carter, Christian conservative ends can justify big national
government means. But for libertarian-minded conservatives like me
(and, apparently, Thompson), we must uphold the principles underlying
federalism. In doing so we will find that federalism is a principle
whose means, in and of itself, are fruitful and rewarding.
I'm not a "libertarian-minded conservative," or at least not as much so as Josh. I don't have any grand theories of subsidiarity or sphere sovereignty. Despite having a BS and graduate work in Political Science and a doctorate in Finance, I look at things on the "is it the right thing to do" level.
Simplistic? Yes. Hard to define? Somewhat.
Sometimes, you do things at the federal level. Sometimes you do things at the state level. Sometimes, you do things at the local level, and sometimes, you have government do nothing at all and leave it to the private sectors.
In the case of same-sex marriage, I'm in favor of a federal constitutional amendment at least codifying the Defense of Marriage act in the Constitution, where the federal government doesn't recognize it and doesn't require states to recognize them, either. The Supreme court hasn't weighed in on it yet, but I don't trust Anthony Kennedy to make that call. I'd like to ban it outright if possible, but that would be hard to get two-thirds of each house of Congress to sign off on, especially when the liberal Democrats are emboldened.
Put me in the "do the right thing" caucus.
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