Democrats regard federalism as quaint, Republicans at least pay lip service to it

By David B. Rivkin Jr. and Elizabeth Price Foley

In the presidential debates, Barack Obama and Mitt Romney ranged across dozens of topics, but an important one didn’t come up: federalism. And no wonder.

The idea that the Constitution grants only limited and enumerated powers and leaves the remainder to the states is foreign to those who believe that the national government should or even could address voters’ every concern. But contrary to the view widely shared by the political class, Washington—in particular, Congress—does not have the power to pass any law it wants in the name of the “general welfare.”

Politicians should take heed. 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.

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(from WSJ.com, December 20, 2011)

Opinion Journal: Editorial board member Jason Riley interviews David Rivkin

WSJ: I wanted to talk to you about Newt Gingrich’s attacks on the judiciary.  He wants to subpoena judges to appear before Congress and explain their decisions, he wants to shut down entirely some appellate courts, and he says the executive branch should be free to ignore judicial decisions.  What’s your reaction to this rhetoric?

David Rivkin: Not a good one. Strong medicine, but the cure is worse than the disease. Let me say that judicial activism, defined as judges not construing the statutes in the Constitution in accordance with its original meaning, is a real problem.”

It’s been a problem, certainly going back to the 1980s. It was one of the pivotal points of Reagan’s elections in ‘80 and ’84, [and] a standard tenet of all of the Republican candidates. But the  proper cure is slow and steady: appoint good judges, fight to get them through the Senate, and, frankly, wage a public debate about the proper role of judges–delegitimize legislating from the bench.

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