Search This Blog

Monday, October 4, 2010

Can Federalism Solve America's Culture War?

According to Andrew Sullivan, "The whole point of federalism is that different states can have different public policies on matters of burning controversy--and that this is okay." David Brooks argued in his New York Times column that each state should regulate abortion however the state wants and Roe v. Wade was political poison. The Court "set off a cycle of political viciousness and counter-viciousness that has poisoned public life by taking the issue away from legislatures. David Gelernter said, "An era where deep and fundamental moral questions divide the nation is in need of a revival of federalism. Federalism supplies the expansion joints that make America supple rather than brittle; make it a bridge that can ride out hurricanes without falling to pieces, that can sustain enormous twisting, turning, and tearing forces without cracking." All three of these men are theoretically right, but what we need to keep in mind is that since the Progressive era, and particularly since the New Deal, Americans have forgotten the practice and virtues of federalism.

A federal approach could very well worsen the cultural issues, as demonstrated in the Terry Schiavo case. Federalism only works when jurisdiction is clear, and cultural issues create murky jurisdiction. For example, let's consider abortion, if Roe v Wade were overturned, the states could pass all kinds of regulations reflecting many opinions. That might release a certain amount of cultural steam and cause us all to pick sides.

This article relates to federalism because it is discussing the possibility of federalism being the solution to this cultural war America is undergoing at the moment.

This particular article was very interesting to me because I never thought that the idea of federalism was discussed anywhere but the classroom in current times. It is also very intriguing to see how federalism effects all of the different issues that are hot right now. I never understood the importance of the system until reading this article.

Can Federalism Solve America's Culture War?

No comments:

Post a Comment