Taken directly from Debbie’s post this morning on judicial activism is the following Andrew McCarthy paragraph on limited central government:
McCarthy argues that the court system is skewed, that the judges are too activist.
But the surge of injunctions emerged seamlessly from other long-standing anomalies. The progressive administrative state has overrun federalism: in particular, Madison’s conceit (in Federalist No. 45) that there must be a divide between internal and external governance, such that diverse states and local communities regulate “numerous and indefinite” matters closest to home, with the central government limited to the “few and defined” imperatives of nationhood — defense, diplomacy, sound currency, and commerce that are truly interstate and international. This has marginalized healthy pluralism and self-determination in favor of top-down, one-size-fits-all rule.