[hx87]

Certainly true of the libertarian right, but not of the social conservative right, who have been rather inconsistent in opposing "FCC legislating TV language and obscenity" and "DEA or Department of Health legislating controlled substances".

[briandear]

As a self-identified member of the libertarian right I absolutely agree. I get into this debate with so-called Conservatives frequently: smaller government and less regulation means marriage equality (at the state level,) the dismantling of the DEA (leaving it to states to make their own rules,) and the elimination of the Dept. of Education (leaving that to states as well,) among many other things. It also calls for overturning Roe v. Wade (but not for the reasons the social-right wants but because it's really a 10th Amendment issue.)

By the way before I get downvoted for my views, I am merely pointing out that actual conservatism is a position of Federalism rather than a position on a particular agendas of certain groups.

That means a government should be closer to the people it obsensibly represents and decision should be made at the lowest level until such time as it affects a higher level. For example, if California wants to legalize heroin, that's for California to decide -- it has no practical effect on people in Louisiana.

The problem with many social conservatives is that they are intellectually inconsistent -- you can't call for government to enforce what 'you' want but then call for smaller government when it comes to what 'they' want.

It's a question of the scope of government and at what level government ought to be acting -- it really isn't about specific issues but the bigger question of "Is this the role of the Federal government."

[rayiner]

That makes it seem like federalism is a procedural issue orthogonal to any particular substantive policies. But the US is, Constitutionally, an economic free trade zone. As a result, states cannot use the most potent economic tools to ensure enforcement of their laws. Even if the majority of people would prefer to have environmental or worker protection laws, a minority of people in a few states can create a nationwide race to the bottom.

As a practical matter, saying that some issue is the proper domain of the states is equivalent to saying it can't be effectively regulated at all.

And it's not like the framers were unaware of that dynamic. They empowered the federal government to regulate interstate commerce precisely as a foil to the prohibition on states to do so.

[mstodd]

No, saying that an issue is for the states to decide is simply acknowledging that US citizens are individuals, and they know better than the Federal government what they want. Regulation at the Federal level removes choice and freedom.

[rayiner]

You can't enforce many regulations at the state level, even if people want them, because the Constitution forbids discriminating against out of state commerce or citizens. If Californians wanted to have single payer health care, their system would be very susceptible to abuse because people should could cross the border when they got sick. Then Arizonans get the best of both worlds--they don't have to raise taxes to pay for healthcare, but they can still get the service if they need it. Same thing with environmental regulations. Even if everyone in California voted to have environmental regulations, that just creates an opening for goods manufactured in environmentally harmful ways in Arizona to undercut California goods in price.

Citizens don't really have the freedom to choose on issues like that unless they have the freedom to close their markets to people who do not play along. The Constitution takes away that freedom.

[mch82]

> [California legislation] has no practical effect on people in Louisiana

People underestimate the side effects of state-level or city-level legislation. Due to the size of the California economy the laws in California absolutely have practical effects on people in Louisiana. This is why national and international laws and agreements matter.

For example, environmental regulations on automobiles (this interview transcript is obviously one example and needs to be evaluated in the context of alternative information, but I think it's adequate to demonstrate the point that interactions between states are significant to a degree that dismissing them is risky): http://e360.yale.edu/feature/californias_clean_car_rules_hel...

[mstodd]

Aristotle said that a city should only be as large as to encompass everyone that could hear the sound of a ram's horn or trumpet. Beyond that, you weren't part of the city or it's governance. Seems like a good rule which would prevent taking money from Florida and giving it to Alaska.

[mch82]

Aristotle [1] lived in a world with less than 200 million people [2].

Florida isn't giving money to anyone [3].

[1]: https://en.wikipedia.org/wiki/Aristotle

[2]: https://en.wikipedia.org/wiki/World_population#Past_populati...

[3]: http://www.theatlantic.com/business/archive/2014/05/which-st...