The Volokh Conspiracy

The last line embodies true federalism and the ultimate risk to that Federalism...

Texas can’t make Fishkin eat broccoli, not because something in the Constitution says so directly, but because federalism will give Fishkin broccoli-free alternatives. In contrast, the national government lacks this structural constraint on its potential for oppression. Quite unlike the states, the national government knows it has, to some significant extent, a captive population, and may be expected to act accordingly.

The enumerated powers of the central government have become a joke since its become all-encompassing. The portfolio of the 'several states' has been reduced to merely carrying our the leviathan's duty.


The Volokh Conspiracy