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Making Sense of Subsidiarity: Why Federalism Matters
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“states’ core police powers have always included authority to define criminal law and to protect
the health, safety and welfare of their citizens.”
85
Federalizing ordinary state criminal law, to paraphrase Steven G. Calabresi of
Northwestern University, transfers the toils of state prosecutors and courts to federal prosecutors
and courts, and from state law enforcement officers to the Federal Bureau of Investigation.
86
In
an age when the feds have their hands full—being the global policeman—this misalignment of
tasks between the national and local governments seems especially sloppy. Whatever the
importance of busting medicinal marijuana users, deadbeat dads, wetlands trespassers, or
bordellos in New Orleans, such activities are probably not the best way for federal agents to
spend their time.
87
85
Gonzales v. Raich (2005).
86
Steven G. Calabresi, “Federalism and the Rehnquist Court: A Normative Defense,” Annals of the American
Academy of Political and Social Science, vol. 574 (March 2001), p. 28.
87
See “House of the Rising Farce,” The Economist, June 15, 2001, p. 30.
36
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“states’ core police powers have always included authority to define criminal law and to protect
the health, safety and welfare of their citizens.”
Federalizing ordinary state criminal law, to paraphrase Steven G. Calabresi of
Northwestern University, transfers the toils of state prosecutors and courts to federal prosecutors
and courts, and from state law enforcement officers to the Federal Bureau of Investigation.
an age when the feds have their hands full—being the global policeman—this misalignment of
tasks between the national and local governments seems especially sloppy. Whatever the
importance of busting medicinal marijuana users, deadbeat dads, wetlands trespassers, or
bordellos in New Orleans, such activities are probably not the best way for federal agents to
85
Gonzales v. Raich (2005).
86
Steven G. Calabresi, “Federalism and the Rehnquist Court: A Normative Defense,” Annals of the American
Academy of Political and Social Science, vol. 574 (March 2001), p. 28.
87
See “House of the Rising Farce,” The Economist, June 15, 2001, p. 30.
36
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