Reply #76: There's an idea

[MFrohike]

Of course, if you actually read the cases, two things become very apparent. First, the courts are invested in the idea of federalism, while ignoring the reality that it hasn't existed as a viable theory since June 20, 1863. If that date isn't familiar, it's the day West Virginia became a state. WV was formed from part of VA without the actual consent of VA. This was in direct violation of the constitutional prohibition forbidding the dismemberment of a state against its will. Federalism and states' rights died the day the federal government had the power to carve up a state to its liking. Second, federalism is often trotted out as a means of punting tough questions from the federal government to the states. This becomes more and more apparent the more cases you read. That's not to say a case like Erie RR is a case of punting, but others definitely are.