Whatever the outcome of this year’s election, conservatives and other friends of American constitutionalism have our work cut out for us. The Republican candidate for president has not shown much familiarity with or interest in the workings of our constitutional system. And the Democratic candidate (as usual) has evinced a desire to continue, with judicial backing, a transformation of that system—one that further enhances executive and regulatory power while weakening the powers of Congress.
And causes for worry on this front are by no means limited to the presidential contenders. They are evident in our institutions, and not only those dominated by the Left. Indeed, the willful weakness of the Congress (which has been largely run by Republicans for two decades) and of the state governments (most of which are run by Republicans) may be the most significant problems our system confronts. Congress routinely delegates its power and abides executive overreach for policy or political ends. And while some state leaders have certainly pushed back against federal overreach at times, on the whole the states have accepted the bargain of “cooperative federalism”: From healthcare to education to transportation and beyond, federal dollars flow to the states in return for power flowing to Washington.
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