Monday, December 06, 2004

federalism, it's not just for Republicans anymore

Here's an interesting article about state's rights.

Selected quotes:

"We are all aware that the United States is now a divided country, that cultural polarization is at an all-time high, that red and blue states are growing further and further apart, blah blah blah. And all this is trotted out with a tone of desperate resignation, as if there is nothing we can do about it.

"But the joy of the American constitutional system is that we don't actually need to. The whole point of federalism is that different states can have different policies on matters of burning controversy--and that this is OK. Actually, better than OK. The U.S. Constitution was devised not as a means to avoid social and cultural polarization, but as a way to manage it without splitting the country apart."
....

"There are, after all, many matters of deep moral and political import that are simply immune to simple political compromises. The death penalty, stem-cell research, abortion, gay rights: All these involve moral judgments that can--and should--elude political half-measures. And you can see why: If you believe that a fetus is a human being, how can you compromise on abortion? If you believe that homosexuality is morally equal to heterosexuality, how can you deny gay couples the same relationship rights? If you believe that all killing is wrong, how can you support capital punishment?

"These are, indeed, nonnegotiable issues. Which is where federalism provides a imperfect but pragmatic solution. Choose both sides! Let Ohio prevent gay couples from having legal protections. But let California enact a sweeping civil-unions bill that brings gay couples very close to marriage rights. Let Washington ban federally funded embryonic stem-cell research. But allow Sacramento to set up a huge research program. Not only do you give both sides something--finding a compromise where no compromise seemed possible--but you also get a chance to see how social experiments succeed or fail in practice. Within a few years, we will have a much better idea of the real promise of embryonic stem cells and the social impact of gay marriage. Then the discussion can actually move forward, instead of in increasingly tight and bitter circles."

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