Posted by
The New Daytonian on Friday, July 09, 2010 11:55:10 PM
Thomas Sowell has written that, in economic matters, there are no solutions but instead only tradeoffs. Thus is the guiding concept henceforth. Next subject…
Federal Judge Joseph Tauro started a firestorm when he ruled the Defense of Marriage Act—which outlaws gay marriage—unconstitutional. Alas, the United States entered the throes of yet another polarizing issue. Fortunately, it needn’t be this way. After all, a solution (or tradeoff) exists using the much-ballyhooed practice of compromise.
Often times voters desire or even demand that their political leaders make compromises on particular issues to the betterment of the country. Unfortunately, these compromises share an assumption that dooms all of them to failure: the assumption that the answer must come from the top.
Therefore, the time has come to reintroduce the United States of America to a concept known as federalism, which, in our case, is a system of power sharing between states and a federal government.
The deep flaw of the modern conception of compromise means that, in essence, on each issue everyone will be unhappy. In the case of gay marriage, there are those who want it and those who want none of it. Meanwhile, there is a third group that wants a compromise. When one group wins, the other two sides are unhappy and the battle continues.
In a federal system, such as what the Founders of this country intended to establish, the states play a greater role than the federal government. Using federalism as our guiding assumption, compromise takes on an entirely new dynamic. For the polar sides, the answer to a particular policy dispute can usually be an astounding “yes.”
But this, too, requires compromise.
The national solution requires tolerance of parts of policies one may dislike. Likewise, the federalist solution also requires a form of tolerance that is somewhat different: that is, the tolerance of neighbors who uphold policies one may mostly or completely dislike.
It works like thus: Ohioans voted that they did not want gay marriage. Vermonters, through their legislature, voted that they did want gay marriage. Compromise here requires Ohioans to accept what the Vermonters have done within their boundaries and the Vermonters to accept what the Ohioans have done within theirs. Vermonters may desire gay marriage rights for the entire country, but they compromise by letting the other forty-nine states decide their own policies, which may ban entirely or allow complete gay marriage or offer something in between.
A federalist solution—or, actually, tradeoff—might bring to an end the divisiveness of many of our greatest policy disputes. In fact, it is the conservative position on what is perhaps the most polarizing issue, abortion, to overturn the national dictate (Roe v. Wade) and to return the matter to the fifty states. Then, if a person is North Carolina wants abortion rights, she is welcome to run up to Maryland where they would likely have them. Meanwhile, the people of North Carolina can feel morally assured that they have done the right thing in banning the practice.
In essence, everyone can be happy. At least to a degree. I do not mean to sound utopian in claiming that “everyone can be happy,” because, of course, federalism is not perfect, either. Each issue carries certain complexities that may demand a national response (with gay marriage, for instance, there are complications involving state-by-state recognition). There will certainly be minorities within each state who disagree with a particular policy—in this case, gay marriage. But if the issue is important enough, members of that minority can migrate to a different state.
We do it now, in fact. Some Americans relocate to Florida because it has no income tax. Ohioans spend leisure dollars in Indiana because they can gamble at casinos there. Other Ohioans go to Pennsylvania so they can buy Yuengling beer.
There are extremely compelling reasons to oppose gay marriage at the national level; however, federalism truly is the best fix for some of the nation’s most hotly contested policy disputes, perhaps including gay marriage. That was truly the beauty of the American design—fifty little experiments. It was the Founders’ intent that the federal government be limited in scope to a small set of enumerated powers while most of the political battles took place at the state level and below. The attitude, transformed to this era, might sound something like this: If you want to screw up your state with x policy, go ahead, but we’re not doing it here.
To be sure there will be factions that want nothing of federalism precisely because they want to dictate from on high their way of life to all the masses in all the states. But that’s another issue for another time.