Values File

Liberty however is also used in a different sense to

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Unformatted text preview: t seems unlikely that the states could generate the necessary military might. Yet, there is more to this argument than often is understood. Whatever the shifts in regulatory authority from the states to the national government, the fact is that the states remain independent political fora, with popular assemblies capable of expressing popular sentiment. The states have performed this function throughout history. Sometimes it has been exercised in regrettable fashion. Some of them have stood up and opposed desegregation of schools, or the elimination of the institution of slavery. But some states also stood up against the Alien and Sedition Acts. It was the states that first called for balanced budgets and fiscal responsibility, and many recent state government decisions afford greater liberty to citizens than they receive under the federal constitution. FEDERALISM PREVENTS TYRANNY OF THE MAJORITY Tom Stacy, professor of law, University of Kansas School of Law, KANSAS LAW REVIEW, July 1997, p. 1187-1188. According to one strain of judicial and academic thought, one of federalism's primary aims is the protection of liberty. "Liberty," of course, has many different meanings. When judges and scholars say that federalism promotes liberty they sometimes use liberty to refer to governmental responsiveness to the preferences of political majorities, which may differ from state to state. This use of liberty conceives of federalism as promoting the interests of political majorities, not as protecting individuals from overbearing majorities. Liberty, however, is also used in a different sense, to convey the idea that, like constitutional civil liberties, federalism protects political minorities from overbearing majorities. Madison's famous argument in Federalist No. 10 fits into this category, as do the widespread assertions that federalism and individual rights are merely different mechanisms for promoting the same goal of liberty. SLHS Value File FEDERALISM IS KEY TO CONTINUED DEMOCRACY Ryan Squire, law student, PEPPERDINE LAW REVIEW, 1998, p. 88...
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This document was uploaded on 11/20/2013.

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