It would be the pyrrhic victory to end all pyrrhic

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Unformatted text preview: eases opportunity for citizen involvement in democratic processes," will better satisfy citizen preferences by catering to tastes at a state level, provides citizens with the option of moving to a state with public policies perceived to be more congenial, enables states to experiment with innovative public policies, preserves a government structure that inhibits a potentially tyrannical concentration of power in the central government, insures the continuance of discrete political and social communities, and ensures clear political accountability for government actors in each of the central and state governments. Federalism is not, of course, an unqualified boon. [____] Federalism is important to preserve liberty and prevent the concentration of power HASTINGS LAW JOURNAL, 2002 (January, pp. 433-4) I have a different perspective. Federalism is not a dysfunctional anachronism, a nostalgic symbol of a pre-industrial America. Rather, when properly viewed and applied, it is crucial to preservation of individual liberty and a valuable device to preserve a healthy balance of power among governmental institutions. The institutional benefits of federalism are not simply preservation of state autonomy as a counter to federal power but also operate less directly to preserve the scheme of separated powers within the federal government. [____] Decentralized government maximizes individual freedom Dalton Cross, Law Professor, Texas, 2000 (HARVARD JOURNAL OF LAW & PUBLIC POLICY, Fall, p. 165) Government can be made more responsive to the popular will by keeping the policy-making unit closer to the people. As a matter of simple arithmetic, the smaller the policy-making unit, the fewer the number of people who will be discontented by any policy choice. Individual freedom means leaving policy choices with the individual; if a choice must be removed from the individual by government, individual freedom is served to the extent that it is removed no farther than necessary. 16 | P a g e Federalism DA BDL Impact – Liberty [___] Every violation of liberty must be rejected at all costs Sylvester Petro, Professor of Law at Wake Forest 1974 (University of Toledo Law Review Spring, pg. np) However, one may still insist, echoing Ernest Hemingway—“I believe in only one thing: liberty”. And it is always well to bear in mind David Hume’s observation: “It is seldom that liberty of any kind is lost all at once.” Thus, it is unacceptable to say that the invasion of one aspect of freedom is of no import because there have been invasions of so many other aspects. That road leads to chaos, tyranny, despotism and the end of all human aspiration. Ask Solzhenistyn. Ask Milovan Djilas. In sum, if one believes in freedom as a supreme value and the proper ordering principle for any society aiming to maximize spiritual and material welfare, then every invasion of freedom must be emphatically identified and resisted with undying spirit. [___] And liberty outweighs the affirmative’s impacts - makes all evil’s possible Daniel Callahan, Fellow at the Institute of Society and Ethics, 1973 (The Tyranny of Survival, Pages 91-93) Ther...
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This document was uploaded on 02/06/2014.

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