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MFrohike

(1,980 posts)
5. Federalism is a legal fiction
Tue Jan 17, 2012, 10:37 PM
Jan 2012

It's only been resurrected since the Lopez decision in 1995. Honestly, the doctrine of federalism died in 1863 when the United States admitted West Virginia as a state. Though technically legal, the dismemberment of a state against its will is the ultimate proof that there is no dual system of sovereignty because there is only one sovereign.

Law nerd talk aside, the fiction will live on primarily because it's convenient and contains some efficiencies. I would just prefer it was recognized that any "rights" the states have should be conditioned on their absolute dependance on the federal government to carry out even basic functions. If not for the federal teat, state governments would be probably be more or less nonexistent.

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