Posted by Ilya Somin:
My Constitution in 2020 Blog Post:
http://volokh.com/archives/archive_2009_09_20-2009_09_26.shtml#1253841064
Yale Law School has organized a conference on [1]The Constitution in
2020, a much-discussed recent book that puts together contributions by
numerous prominent left of center scholars on the future of
constitutional law. To their credit, the conference organizers have
chosen to invite scholars with a wide range of viewpoints to the
conference, including some who are conservative or libertarian. I will
be appearing on the panel on Localism and Democracy, along with Ernest
Young (NYU), Rick Schragger (Virginia), Ethan Leib (UC Hastings), and
Judith Resnik (Yale, author of the chapter on federalism in The
Constitution in 2020). The conference organizers have also created a
website where each participant can summarize their presentations in a
short blog post. My is available [2]here. I include a brief excerpt
below:
American federalism faces both great promise and serious dangers
over the next few years. One of the most important advantages of
federalism is the ability to �vote with your feet� � to leave a
state with oppressive or ineffective policies and move to a better
one . . . Increasing mobility and declining information costs give
state and local governments stronger incentives to adopt policies
that will be attractive to migrants. Revenue-hungry state
governments know that valuable taxpayers will depart if they raise
taxes too high or provide poor public services....
Unfortunately, American federalism is imperiled by the ongoing
growth of federal power, especially the increasing dependence of
state governments on federal funds. Our system has been successful
in part because state governments have historically been forced to
raise most of their revenue themselves. State governments that
raise their own funds have strong incentives to adopt policies that
promote economic growth and attract potential migrants. A state
that falls behind its rivals is likely to lose its tax base. But
states that can rely on federal funding to meet their fiscal needs
face much less competitive pressure and are therefore less likely
to adopt good policies.....
Federalism has also been weakened by the expansion of Congressional
regulatory authority. The federal government has come to regulate
almost every aspect of American society. This trend accelerated
under the Bush Administration, which pushed through legislation
expanding federal control of education and health care, and
supported federal preemption of a variety of state laws, including
ones permitting assisted suicide and the use of medical marijuana.
The more policy areas come under federal control, the less the
scope for interjurisdictional competition at the state and local
level....
The 21st century could be an extraordinarily successful time for
American federalism - but only if we restrain the growth of federal
power.
Posts by the other participants are also available at [3]the
Constitution in 2020 blog site. The conference at YLS will be held
October 2 to October 4. They are well worth reading if you are
interested in the future of federalism. Yale has posted [4]the
conference schedule on its website.
References
1. http://www.amazon.com/Constitution-2020-Jack-M-Balkin/dp/0195387961
2. http://www.constitution2020.org/node/88
3. http://www.constitution2020.org/
4. http://www.law.yale.edu/news/2020constitution.htm
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