Pick and choose your Federalism

One of the early discussions at the founding of our nation was the topic of Federalism: how much power should be given to the central government and how much should remain with the states? This is a very interesting, important, and fascinating philosophical, legal, political, and social question and highlights the intelligence and sophistication of our founders.

The pro-Federalist view was captured in the writings of Alexander Hamilton, James Madison, John Jay and others in the Federalist Papers as they put forth the intellectual arguments for a Constitution that would provide powers for a strong federal government. These debates led to the Constitution, the Bill of Rights, and other important documents.

Crudely, conservatives today are more aligned with the anti-Federalist view and progressives are more aligned with the Federalist view. I say this alignment is crude for two reasons. 

First, it is arguable that the federal government today is more powerful than even the pro-Federalist founders envisioned. So Hamilton, Madison, and Jay may have been Federalists in the 18th century when the United States was a loose collection of states but it is possible that they would view the power of the federal government today with weariness. Many legal scholars debate whether the Federalist papers apply only to the specific context of the founding of our country or represent a broader philosophical position. 

Second, the stance of conservatives today, while ostensibly anti-Federalism at first glance, reveals itself as a 'pick and choose' your Federalism on deeper examination. On many issues, conservatives argue that the Federal government is getting too powerful and that responsibilities should be pulled back to states. However, when it comes to a few significant issues (gay marriage, legalization of marijuana), conservatives have tried to use the courts and the power of the federal government to over-ride decisions made by states. Many conservatives have tried / wanted to pass a constitutional amendment against gay marriage. The House of Representatives is trying to over-ride DC's vote to legalize marijuana.  And attorney generals from Oklahoma and Nebraska are suing Colorado for legalizing marijuana. For conservatives, federalism often seems to be an opportunistic cover to oppose any policies they dislike.