The Right Has the Wrong Legal Theory

Tech Central Station has an interesting read:

Take the three isms one at a time. The basic idea behind federalism is to avoid concentrated power -- to give more authority to Austin and Boston, and less to inside-the-Beltway power brokers. Actually, judicially enforced federalism does the opposite. In a world with strong constitutional lines between the federal government and the states, the greatest power is held by whoever draws those lines. That power goes to nine unelected Supreme Court Justices, answerable to no one. So much for limiting the influence of Washington power brokers.

via Volokh.