by Richard A. Epstein, Mario Loyola
July 03, 2014
After more than half a century of federal consolidation of government power, can the states still serve their crucial but limited role as platforms for self-government within a properly functioning scheme of checks and balances? For decades, proponents of state sovereignty have argued that modern theories of “cooperative federalism” are just a veil for expansion of federal power. Modern-day Progressives now publicly espouse that very aim. The courts must protect the dissolving framework of checks and balances that first enabled liberty to flourish in the United States, and a greater political awareness of the dangers of cooperative federalism must be fostered in the public. States continue to demonstrate that capital and labor move in the direction of less government and greater property rights. Accepting these lessons will not produce instant changes. But it could alter the downward spiral of unsound doctrines that continues to erode the principles of our Constitution.