Tuesday, June 22, 2021

A Straussian Fantasy

And a poor understanding of the Constitution:

The U.S. Constitution’s letter gives nearly all powers of government to the states, and reserves unmentioned ones “to the people.” Surely that includes powers over bathrooms, marriages, who competes with whom in sports, etc. It certainly includes power over elections. Customarily, we have regarded counties and cities purely as legal creatures of the states, enjoying only such autonomy as the states may concede. Though a federal statute granting broad autonomy over such matters to the states’ constituted sub-units and giving enough likeminded people the power to form units that enjoy such autonomy would run against more than a century of court decisions, it finds no barrier in the Constitution’s letter. Congress and the president can do this.



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