Newsflash: Founding Fathers Were "Silent" on Federalism
Well, it was news to me.
In the midst of doing some research on federalism (thanks to all who replied to my related post), I picked up the 2008 book Enhancing Government by Erwin Chemerinsky, the hard-left Dean of the law school at U.C. Irvine (know thine enemy, or something like that). In the book, Chemerinsky proposes a new understanding of federalism as a doctrine that "empowers" all levels of government without limiting any of them. Neat trick, right? He brushes aside "originalist" arguments with the following gem about the Founders and federalism:
The text of the Constitution says virtually nothing about the allocation of power between the allocation of power between the federal and state governments. The framers were largely silent about this issue . . .
I doubled checked -- he is talking about the United States Constitution. Anybody care to defend (or even explain) this bizarre assertion?