Iraqi constitutionalism -(secession)

[Mark Graber]

Sanford Levinson notes "the article by Bednar, Ferejohn, and Eskridge
suggesting that a strong independent judiciary is necessary to police
the federalism deal."

I wonder about that.  Certainly the framers of the American constitution
did not think the federal courts were good policers of the federalism
deal.  The judicial was designed to enforce federal policy in the
hustings.  That is why, of all the governing institutions,
anti-Federalists really hated the courts.  The Senate was the
institution designed to police the federalism deal.  Does not this
suggest a simple point.  The institution that polices the federalism
deal ought to be the institution in which the localities exercise the
most control of staffing.  Doesn't matter much whether it is an
executive (multiple from each region), legislative (see US), or
judicial.

Mark A. Graber