Schiavo, Bush v. Gore, and the New Republic

Speaking of the New Republic, their blog "&c." addressed the Schiavo issue today. In a throw away comment (i.e. stated as if obvious fact), the blog's writer Noam Schreiber states:

"The Republican Party has been directly contradicting its ostensible federalist principles for narrower political purposes at least since Bush v. Gore (and surely long before that)..."

This is a typical gripe expressed by many on the left recently. What seems apparent to me is that many Liberals have no conception about Federalism really is, not withstanding their new found advocacy of it.

Either out of convenience (ie. straw-man argumentation) or stupidity, they equate Federalism as the notion that States' Rights always trump National interest. This of course is absurd. If a state passed a law, for example, that required that every second born child in a family is be killed, Federalism would not dictate that the Federal Government is not allowed to intervene.

Federalism is simply the belief that the Federal government cannot intervene in affairs with which is it not given purview over as per the Constitution. It advocates adherence to the 10th amendment that gives all power not enumerated in the Constitution to the states. The key phrase of course being 'powers not enumerated.' If such power is clearly given to the Federal government, then Federalist have no problem with Federal oversight.

Now, in regards to Bush v. Gore, the Court overwhelmingly found it clear that the Florida Supreme Court had inappropriately allowed numerous unconstitutional methods to be utilized in its ordered recount. As the decision in Bush v. Gore states, 7 justices felt that the Florida S.C. decision allowed for a recount with severe Constitutional issues, namely that "it is obvious that the recount cannot be conducted in compliance with the requirements of equal protection and due process without substantial additional work."

Clearly, equal protection and due process are in the realm of Federal authority, and as such Federal action is consistent with the practice of Federalism. Liberal claims that Bush v. Gore was antagonistic to Federalism simply confirms their ignorance of what the term means.

So to with the Schiavo issue. There are numerous aspects to why the Federal Government would have a compelling interest to prevent a state allowing the murder of one of its citizens. At the least, Congress has a responsibility to investigate whether or not it has jurisdiction in the manner regardless of what a state court might rule.