Joe Carter doesn't seem to think too much of federalism. He seems to be letting his conservative ideology get in the way of actually following the Constitution as a framework for government.
Federalism also can disappoint those who believe that justice trumps ideological concerns. One of the most disheartening and shameful scenes of the last decade was to see so-called conservatives claim that the Terri Schiavo case should have been left solely to the state of Florida. The charitable view is to assume that had they known that a woman was being killed by the state without due process of law, they would have sided with justice over judicially mandated involuntary euthanasia. The less generous opinion is that they simply haven't considered how federalism relates to conservative principles.
A lot of good things can disappoint us. Each part of the Bill of Rights has at least one scenario that could make conservatives disappointed. The first amendment allows for all manner of non-violent religious practices, the fourth, fifth and sixth amendments provide for many powerful protections that protect the rights of the accused, often to the detriment to victims of crime because of the distinct possibility that the accused might be an innocent, law-abiding citizen or alien. Yet there is little debate about how these things can disappoint, and many conservatives would be uncomfortable if the Bill of Rights were subjected to similar criticism.
It may not seem to be a fair comparison because federalism is assumed to be a set of principles, and not a concrete thing. That is not the case, thanks to the tenth amendment. In our system, federalism is actually clearly defined as any area of jurisdiction not enumerated to the federal government by the United States Constitution. Some can try to weasel their way out of this by bringing up absurd arguments like questioning how the US Air Force's existence is constitutional since the power to raise one is not listed (though it can implied based on the power to raise ground forces and fund a navy), but the fact that the system has grown without explicit supporting constitutional framework in some areas does not negate the fact that federalism is quite clearly defined. At the bare minimum, federalism is defined to such an extent that it can be broadly understood in a consistent way with only minutia being up for debate by those who want to debate the minutia.
Justice did fall down in the Schiavo case, but then justice routinely falls down in a myriad number of areas, many that are every bit as severe as Schiavo's case. I have yet to see conservatives calling for federal overrides over local SWAT deployments, when such policies often harass, injure and kill law-abiding citizens because of actions by the police that are in essence criminally negligent to say the least. I am curious as to why they are silent about cases like that of Cheryl Lynn Noel, a completely innocent woman, who was shot point-blank range in the head by a local government agent. If we are going to say that pursuing justice is the key that overrides all of our constitutional frameworks, then why limit the scope of our pursuit of justice to just vegetables, and not to those who have been unequivocably subjected to serious injury or have been outright murdered by their state or local government?
Are the policies that allow state agents to get away with killing the catatonic really any worse than those that shield sloppy, unprofessional state agents who wield force in ways that would result in felony prosecution if done by a private citizen? Should we not be equally troubled by what seems to be a number of prosecutors who are either guilty of actively causing injustice in order to score another political victory for themselves, or who robotically enforce the law without the slightest concern for whether or not their actions will lead to justice? All things considered, though, I fail to see how federal intervention would do more than spot check the corruption and damage. Most of the problems in our government today are the result of negligence, apathy, poor design in the framework of the government, a complete lack of vigilance to weed out undesirables from positions of power, and a wholesale lack of concern in the legislature for making laws that consistently function well. The only things that can fix these problems are hard work and minds focused on genuinely engineering a good system of government. Then, there is the matter of keeping that system from collapsing as time goes on; entropy must never be neglected.
The world is imperfect and filled with corruption. That is why we do divide the jurisdiction in a rigid way in many cases. Centralization brings about its own set of issues, not the least of which is the near unaccountability of large bureaucracies spread over vast jurisdictions to local concerns. We have to pick the lesser of the two evils, and allowing the police in Baltimore to get away with murdering Noel, and to allow the state of Florida to take Schiavo off of life support against her parents' wishes is less dangerous to the pursuit of justice than giving the federal government even more veto power over local decisions. Joe seems to miss this point in particular, despite his support for subsidarity and spheres of authority. The power to override in the Schiavo case would naturally give the federal government vast authority to override Florida on other issues, and that in turn would only create new opportunities for corruption and injustice.
Allowing conservatives in Florida to resort to the federal government would also allow them to ignore obvious, gaping flaws in their own state system. This is unacceptable. If they find the problems to be that terrible, then they should work hard to pass the appropriate reforms at the state level so that in Florida, the next Schiavo family will have the legal protections they need. Again, I don't understand the conservative argument here. For people who frequently shriek in fits of rage about activist courts, they seem awful quick to have a cavalier attitude toward genuinely fixing the legal system through legislation, as opposed to quickly resorting to the courts to get their goals accomplished.
For if conservatives are willing to give the state the power to kill an innocent woman, willing to let adherence to procedure trump our dedication to justice, willing to put the rights of the government ahead of the rights of the individual, then we have lost all sense of what it means to be conservatives.
The tenth amendment says that the powers not enumerated to the federal government are reserved to the states and people. This would naturally mean that the people of Florida have chosen, as a sovereign body, to allow the the state to take this action. Disagree with it all you want, but it is as much a question of how far can the people exercise their right to vote as it applies to the life, liberty and property of their neighbor, as it is a matter of "government rights." Granted, in recent years, in the name of the War on Terror, conservatives have shown a remarkable ability to put the "rights of the government" ahead of the rights of the individual, therefore conservative hurt feelings in cases like this are suspect.
Federalism can be useful in drawing legitimate lines of Constitutional authority. But when it is allowed to transfer power to the states from other societal spheres, the philosophy merely creates 50 separate laboratories of liberalism.
Conservatives have no problem with the states transferring power over such important issues as marriage away from their proper societal spheres. It would be quite easy for conservatives to side-step the entire issue of legalizing homosexual marriage by returning all authority over marriage to the church, synagogue, mosque and temple where it belongs in any traditional view of marriage. Most conservatives are guilty of supporting the very policies that have effectively destroyed the other societal spheres. Does Joe not see the disconnect between societal spheres of authority and a federal marriage amendment? The very reason such an amendment is needed in the first place is not because of flaws in federalism, but because conservatives could not leave well enough alone, and made the states usurp the natural authority that religious bodies have over marriage.
In practice, the policies that have whittled away at federalism have ended up forcing a sweeping left-liberalism on the country. Those pursued by FDR and many of the black-robbed high priests of dubious constitutionalism euphemistically known as our judiciary provide copious examples of this. Most of the policies that have usurped serious power from other societal spheres were the result of people trying to make an end-run around federalist principles and the U.S. Constitution in order to use the power of the federal government to fix local and regional problems.
It is not as though conservatives, as a rule, even strongly respect the other societal spheres of authority. How many conservatives would really tolerate a church government that firmly asked everyone who remarried after a divorce to not partake in communion or to not get in any leadership role in the church? How many are really willing to scale back the power that the state has to intervene in families in the name of "protecting the children," knowing full well that they might be stripping the state of power to stop some cases of abuse? Finally, on that note, how many of them are willing to actually scale back the government in general so that it has a fixed role, rather than whatever role we the people decide to assign it this election cycle?
That is the biggest hurdle. Many conservatives no longer feel bound to limited government principles. They are down with the liberal vision for government in principle, just not in degree. Do you support social welfare policies? How can you, as a conservative, reconcile that with the natural role that private organizations have for providing that function? How about education? Medical services? You don't need to be a libertarian or a generic minarchist, but if you find yourself perfectly comfortable with the existence of many programs which clearly infringe upon other societal spheres of authority, then you need to ask yourself whether you are more enamored with the rhetoric, than you are with the principle. (That is an "editorial you," not an attack against Joe)
If conservatives want to fix things, to really make the spheres of authority strong again, here are some simple things:
- Stop getting divorced.
- Start strengthening your own family and church.
- Obey your church leaders as though God actually did give them some authority.
- Vote for politicians who want to make the government simple and effective.
- Most of all, actually believe that other institutions beside the government have authority over you and your actions.