Abortion and Enumerated Powers

[Mark Graber]

Professor Duncan writes:

The best way to make a liberal see the merits of
limited national government is to pass lots of federal
legislation that liberals don't like and justify that
legislation by citing expansive judicial decision that
liberals love. Wickard survives Lopez and is the law
of the land. Until it is reversed, there is nothing
wrong with conservatives relying on Wickard to pass
laws they support. Maybe at some point, both liberals
and conservatives will agree that federalism is a good
thing; and perhaps then Wickard will be reversed.

A thought.

Suppose the Bush administration and Republican congress successfully passes lots of conservative laws that intrude on federalism.  What's a liberal to do.  Solution #1.  Go to the Supreme Court.  Learn to love the 10th Amendment.  But some of us are deeply suspicious that the present Court will apply the 10th Amendment to Bush administration legislation that Republicans are really serious about.  Solution #2.  Vote the bums out.  Replace them with liberals.  Who will repeal the conservative legislation and pass liberal legislation.

The issue in the long run is whether you trust national or local elites.  For lots of reasons I trust national elites in the long run and think #2 the better strategy.

Mark A. Graber
mgraber at gvpt.umd.edu