[mikeash]

I don’t think this would necessarily result in more freedom. Remember that when the question of states versus the federal government was definitively answered a century and a half ago, the side in favor of more autonomy for individual states was pushing for that so that they could continue to own people as property.

[Silfen]

At the risk of opening the world's largest pressurized can of worms... sort of. There is an argument to be made that The South cared about state's rights only in the instrumental sense that it allowed them to protect slavery. They were also in favor of stronger federal government when it protected slavery, e.g. fugitive slave laws.

[mikeash]

My point is that states’ rights and freedom aren’t really related. Often the federal government forces freedom on the states against their will. Slavery is a really obvious example.

[int_19h]

> Often the federal government forces freedom on the states against their will.

Often it's the other way around - for example, in the pre-Civil War era, a big point of contention (that was specifically cited later by those states that tried to secede) was that the federal government enacted the Fugitive Slave Act of 1850, which forced the free states to, basically, participate in enforcement of slavery on behalf of the slave states.

[jessaustin]

Few states would institute slavery or really anything else remotely so monstrous if they were released from the Union tomorrow.

[mikeash]

Of course, but there’s plenty of milder acts that many of them would enact. How many would bring back poll tests (presumably with some suitable grandfather clause), reinstitute segregation, recriminalize homosexuality, recriminalize interracial marriage, etc.?

[dsfyu404ed]

I think you're over-estimating how much the federal government actively does to protect people's rights.

The federal government doesn't seem concerned that the state I live in requires you to pay about $200 and get the local chief of police to sign off before you can exercise a particular right in any capacity whatsoever.

Civil asset forfeiture is still a thing in many states.

Some state could adopt an obviously unconstitutional hate speech law tomorrow and it would take years before it's struck down and even then there'd be no recourse for those already punished under it. If the state continued to enforce the law then what would happen? After another year or three of hearings and court whatnot they'd get cut off from some funding or something.

The best you can hope for when your state is violating your rights is a supreme court ruling that makes your state go "aw shucks boys, guess we can't do that anymore" and that your state actually does stop doing it. I don't see a weaker federal government changing that status quo.

The danger of putting all your eggs in the federal basket is that when something dumb happens on that level it affects us all (e.g. the net neutrality debacle). At least with the states the stupidity has to happen on it's own in each state.

[mikeash]

I think you’re underestimating just how useful those weak protections still are. The increase in freedoms over the past ~50 years has been gigantic, and a huge part of that came from federal intervention. The state I live in would almost certainly still have segregation and still outlaw my marriage, for example. Consider all the crazy shit that certain states have started doing since the Supreme Court struck down the preapproval provisions of the Voting Rights Act.

It’s far from perfect. States still try to violate civil rights and it still takes a long time to fix that, if ever. The feds sometimes push more restrictions against the wishes of states that want more freedom, like with marijuana. But overall, based on history, I think that giving the states more freedom would be a huge step backwards.

[Silfen]

Yeah, and I agree. My comment was more of a tangent that struck a nerve :)