Who Killed Federalism?

Matt Welch | June 21, 2005

John Yoo, who worked in the Justice Department from 2001-2003, blames George Bush.

Comments

|6.21.05 @ 2:29PM|#

Wait, this isn't a Blame Bush parody? Dubya's expansion of the Federal government is certainly outrageous, but let's give credit where it's due. Federalism started it's march to the scaffold with Lincoln , contiuned on it's way Woodrow ("He kept us out of war") Wilson, through FDcourtpackeR, Harry "Police Action" Truman, LBJ, etc. . . through Dubya today.

Cripes, it's the same ole story of those in power. But it is nice refreshing to hear cries from the left. I guess they don't really believe that the States will revert to slavery if Federalism is revived.

Matt Welch|6.21.05 @ 2:39PM|#

Ironchef -- Maybe you missed the part about "worked in the Justice Department from 2001-2003."

Phil|6.21.05 @ 2:40PM|#

Is this the same John Yoo who co-authored a memo stating that the President had the power to set aside the law in his prosecution of the so-called War on Terror? And that Americans accused of torture pursuant to treaties to which the US is a signatory could claim self-defense? And now he figures out that federalism is getting shitcanned? Well, quelle surprise, Prof. Yoo.

|6.21.05 @ 2:47PM|#

John who? Oh, who yoo. I mean, Yoo who. Sorry.

|6.21.05 @ 2:51PM|#

While Bush has certainly been an enemy of federalism, this sort of seems like blaming only the guy holding the ax (who does deserve blame, mind you) and giving everyone else involved a free pass.

That said, I don't disagree with the article and one can only hope that the idea of federalism comes back in vogue. Many on the left certainly seemed to gain a newfound respect for state's rights once they realized that their federal gov't had been turned aginst them (though I suspect it's still "if only our guys were in charge"). And many on the right, who obstensibly believe in small gov't, are beginning to realize that the Bush admin is the antithesis of that (though I suspect it's still "their guys would be worse").

Alla|6.21.05 @ 3:01PM|#

I agree with Stretch--abuses of federalism have been a rampant trend this century and the Bush administration is just carrying the torch, but he should be reprimanded all the same.

Woo writes: "But why blame the Bush administration too? In the medical marijuana case, it was the Bush Justice Department that decided to defend use of the federal drug laws to suppress homegrown marijuana."

I may be mistaken, but from all my reading on the medical marijuana case, I had the impression that prosecuting home growers of medical mj began under the Clinton Administration.

|6.21.05 @ 3:27PM|#

Another thing the Bush administration has done to undermine federalism: They've persuaded a lot of conservatives (no, not all, but a lot) that a big federal government is just peachy as long as Their Guy is running it.

OK, maybe they already believed that, but the Bushies reinforced that belief.

|6.21.05 @ 3:33PM|#

Eh, small government conservatism was proved to be irrelevant soon after those "scary, conservative, government-shrinking" Contract-for-America twits got elected back in the 90s.

|6.21.05 @ 3:57PM|#

All the left has to do to validate their shiny new belief in federalism is to throw abortion back to the states and see what happens.

We'll see their true opinion of federalism then.

|6.21.05 @ 4:14PM|#

Why do people keep mentioning the left? As Matt Welch pointed out Yoo served in the Justice Department under Ashcroft. As Phil pointed out he was involved with the torture memos. As I'm pointing out the man is a visiting scholar at the American Enterprise Institute. This has nothing to do with the left.

|6.21.05 @ 4:24PM|#

Why is everybody talking about the left? I'll tell you why:

1) Prof. Yoo is an academic.
2) Even worse, he teaches at Berkeley!
3) Worst of all, he criticized the Dear Leader.

He's obviously a lefty!

|6.21.05 @ 4:30PM|#

Thoreau, you forgot the final piece of proof: LATimes!

|6.21.05 @ 4:43PM|#

I think it's because the left hates federalism in both word and action, while the right only hates it in action.

Gene Berkman|6.21.05 @ 5:27PM|#

Everyone who has said so is right, federalism has been under attack by many Presidents of both parties. But it is proper to attack the current incumbent for policies undertaken by the current administration, which forms the basis for John Yoo's column.

Also, it is important to point out that a Republican President who claims to be a conservative has promoted several bold new policies that strengthen the federal government at the expense of traditional state and local responsibilities.

Mr Yoo mentions "No Child Left Behind" which is a Bush policy. He also mentions the President's backing for Constitutional Amendment on Gay marriage, which also distinguishes Bush from his predecessors.

In all, an excellent column.

|6.21.05 @ 6:38PM|#

Is it really sensible to say "federalism is under attack" at this point, as opposed to "federalism is basically dead"?

|6.21.05 @ 7:09PM|#

Stretch: That's funny!

|6.21.05 @ 8:08PM|#

I was reading an article about the Killen trial, and it mentioned that there was no federal murder charge in 1967. I thought--wow--that really wasn't so long ago!

In the early eighties, where I lived, the drinking age was 18 and I could buy cigarettes at 16. Federal pressure put an end to that of course.

...funny how fast it goes.

|6.21.05 @ 8:55PM|#

...funny how fast it goes.

Ha. Ha.

|6.22.05 @ 2:24AM|#

Because of federalism and a separation of powers, James Madison wrote in the Federalist Papers, "a double security arises to the rights of the people. The different governments" , state and federal, "will control each other; at the same time that each will be controlled by itself."

I hope that the next GOP candidate for president won't abandon this wisdom.

|6.22.05 @ 2:36AM|#

It would have been worse under Kerry!!!!!(!!)!

- Josh

|6.22.05 @ 10:30AM|#

Don't hold your breath, Rick...

|6.22.05 @ 1:47PM|#

I think Yoo should be fired -- and replaced by a guy named George Aye.

Scene: A conference room full of administrative bigwigs at U. Cal-Berkeley.

Head bigwig: "We'll take care of this. We'll get Yoo to resign, and hire George Aye in his place. Let's do it right now." (keys wrong number into speakerphone):

From speakerphone: "Hello, Professor Henderson here."

"Henderson? I thought I was calling Yoo."

"You've got me. How can I help you?"

"That wouldn't be wise. No one can help Yoo now. Where is he?"

"Who?"

"Where is Yoo?"

"Uh ... in my office."

"We'll put him on."

"Huh?"

"Is that Yoo?"

"Um, yes, of course it's me."

"Yoo, I need you to resign. We're replacing you with Dr. George Aye."

"You can't do that! I got tenure!"

"Not yet he don't got tenure. But he will. Anyway, don't be changing the subject. I want you to resign, Yoo."

"But -- why I?!"

"Aye's a good man and won't stir up trouble. Yoo, on the other hand --"

"I? I never cause any trouble!"

"Exactly! Aye never does. But enough about Aye. Aye is replacing you, I'm telling you. You're resigning."

"I wouldn't be so sure of that, if I were you."

"We'll, thank God, Aye isn't Yoo. I wish I had a million Ayes, and no Yoos."

"You are no use as far as I'm concerned, you craven political figurhead!"

"I'm serious, Yoo, I want you outa here. Don't make us get nasty. You know we can."

"I'll fight this!"

"Why should Aye do a damn thing for you?"

"I hate you!"

"Too late for self-abasing retractions."