Federalism is Fundamentalism

The debate over Supreme Court Nominee Roberts is becoming a referendum on textualism, a theory that the Supreme Court isn't entitled to "interpret" or second-guess the Constitution when deciding a case. Justices must follow "the words of the Constitution" with strict precision. Federalists use this theory in their crusade to limit the Government's ability to make laws, claiming that the Constitution restricts the Government's power to a few specific arenas, like slavery and voting rights. Since the Constitution does not explicitly guarantee a right of privacy, for example, neither the Federal Government nor the Supreme Court have any authority to protect a woman's right to an abortion, an adult's right to buy contraception, and so on. In contrast to the last forty years of Congressional legislation and Supreme Court opinion, federalists contend that matters unspecified in the Constitution must be left to the states.

In an era when television, cell phones and the Internet are rapidly transforming our planet into a global village, and when people are traveling, commuting and re-locating as never before, why would some citizens and politicians want to Balkanize America, reducing federal power while giving the states more autonomy and power? It has nothing to do with upholding the sanctity of the Constitution. After all, the Constitution has been a living document since the initial passage of the Bill of Rights, and the Constitution itself is murky and full of textual ambiguity. The simple answer is that some people, unable to restrict the behavior of mainstream society, want to enable smaller enclaves (states) to pass laws they desire without government interference. Put to a nationwide vote, women would retain the right to have an abortion. But in certain radical enclaves (states), they wouldn't. Federalism is an expression of intolerance, nothing more.

Federalists can't tolerate a pluralistic nation where liberty includes activities they deem to be evil, immoral or unnatural, such as pre-marital sex, contraception, vulgarity and in many cases, science. Obviously, their views often stem from extreme, literal religion. Thus, federalism is a form of fundamentalism, and it aims to erode liberty and reverse progress. By taking hold in certain radical states, they hope to gradually impose their restrictions in ever-widening circles. So when you hear the word "federalist" or "textualist," make no mistake--it is merely code for tyrannical intolerance. Federalism is fundamentalism, and fundamentalism, by its very nature, is against liberty and democracy.