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10/24/2012

Elizabeth Price Foley and David Rivkin on Federalism
Michael Ramsey

At Instapundit, Elizabeth Price Foley notes her op-ed with David Rivkin in the Wall Street Journal (here, subscription required).  As Professor Foley quotes the article,  

Voters are increasingly focused on the proper role of government in society: Witness the rise of the tea party and unease over the massive debt caused by entitlements and other government handouts. The continuing loud objection to ObamaCare’s takeover of health care shows that voters want to preserve the Constitution’s architecture of limited federal power.

She adds:  "Federalism isn’t about 'states’ rights.'  It’s about dividing power to better protect individual liberty."  Exactly right (again, see Justice Kennedy's opinion for the Court in Bond v. United States).