Varsity-Packet-Final

88 9 the allocation of significant regulatory

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: institutionalization of social conflict; it is a dynamic system that is designed to be manipulated by the people to produce results they desire. Hamilton put this point clearly: In a confederacy the people, without exaggeration, may be said to be entirely the masters of their own fate. Power being almost always the rival of power; the General Government will at all times stand ready to check the usurpations of the state governments; and these will have the same disposition towards the General Government. The people, by throwing themselves into either scale, will infallibly make it preponderate. If their rights are invaded by either, they can make use of the other, as the instrument of redress. 10 | P a g e Federalism DA Affirmative BDL Strong Federal Government Good – Minority Rights [___] [___] Federalism destroys individual rights and democracy Mitchell Crusto, Associate Professor, Loyola University New Orleans, 2000 (16 Ga. St. U.L. Rev. 517, SPRING) The essence of the federalism paradox is that the Court's new pro-state government orientation purports to protect state governments from an overbearing central government; but, ironically, it does not purport to protect the people from overbearing state governments. The federalism paradox refers to the inevitable tension between majority rule and protection of minority and individual rights. Federalism that promotes states' rights arguably promotes democracy, which is by definition majority rule. However, majority rule can lead to oppression of minority interests and individual rights. Many of those rights are constitutionally protected. Hence, federalism encroaches upon constitutionally-protected rights. [___] Qualified sources conclude our way Mitchell Crusto, Associate Professor, Loyola University New Orleans, 2000 (16 Ga. St. U.L. Rev. 517, SPRING) Critiquing the Court's new federalism doctrine, one celebrated liberal constitutional scholar, Harvard law professor Laurence Tribe, raises concerns that the Supreme Court's "new" federalism unduly victimizes the oppressed. 77 Another noted liberal constitutional scholar, Georgetown professor Mark Tushnet, identified the importance of a federal system that preserves or enhances value- pluralism over one that merely administers power. 78 Hence, many important constitutional scholars recognize that the federalism paradox must be addressed in order to develop an effective federalism doctrine, one that does not derogate individual and minority rights. 11 | P a g e Federalism DA Affirmative BDL Strong Federal Government Good – Efficiency [___] [___] Federalism leads to ineffective responses to a variety of crucial problems Stephen M. Griffen, Professor in Constitutional Law, Tulane School, 2007 (St. Johns Journal of Legal Commentary Spring- “Symposium: Federalism Past, Federalism Future: A Constitutional Law Symposium: Stop Federalism Before It Kills Again: Reflections On Hurricane Katrina, 2007) And so it is still the case that when nat...
View Full Document

This document was uploaded on 02/06/2014.

Ask a homework question - tutors are online