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by rayiner
3498 days ago
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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. |
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