States have so far taken the lead in battling the coronavirus, and there is some merit to this decentralized approach, which fits the original meaning of the Constitution. But it also has flaws, and there is still a good chance the crisis will ultimately lead to an expansion of federal power.
My 2008 article on this subject is now available on SSRN.
It will be published by Oxford University Press in April.
A happy occasion - but also one with lessons that remain urgent today.
The seventh post in the Volokh Conspiracy symposium on "Our American Story: The Search for a Shared National Narrative" (ed. by Joshua Claybourn).
My new book chapter is now available for free on SSRN. It desccribes how "voting with your feet" played a central role in American history, how foot voting is at the heart of much of the nation's success, and the recent rise of dangerous new obstacles to foot-voting. Part of a new book, "Our American Story: The Search for a National Narrative."
A new symposium outlines several ideas for improving our democratic system. All are worth considering. But none are likely to be as good as expanding opportunities for people to "vote with their feet."
The Introduction to the revised second edition summarizes the rest of the book, and is available for free.
My book chapter on this subject from the "Cambridge Handbook of Classical Liberal Thought" is now available on SSRN.
Economist Bryan Caplan reminds us that political decentralization has little value unless it is accompanied by mobility.
A plan to divide California into three states will be on the state's referendum ballot in November. If it passes and is approved by Congress, it could potentially be a significant change for the better.
This forthcoming article discusses how we can massively expand economic opportunity by making it easier for people to "vote with their feet," both domestically and through international migration.
Leading legal scholars on opposite sides of the political spectrum argue that the answer is yes. But it will not be easy to figure out how to do it.
Recent evidence suggests it actually reduces it.
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