Thinking on a comments exchange with one of my readers (Eric), I have been pondering the whole idea of federalism and states rights as it relates to liberty. Although I have some sympathy for the idea that the closer one gets to the local, the more effective and efficient politics can be and the more control individuals can exercise over their own affairs, I am wondering how States Rights advocates draw the line between the Constitutional provisions for the breakdown of authority between federal and state governments and the notion of liberty as a guiding principle. Let me try to explain what I mean in greater detail ...
It seems to me that we have the principle of liberty which should transcend any kind of division of authority, whether that authority is the federal government, the state government, or even the local municipal government. And yet we have a constitutional division of authority and power that only speaks of state governments versus federal governments without really any regard to the principle of liberty. In other words, irrespective of the universal principle of liberty which would seem to transcend any exercise of power by any governmental authority, whatever power that the Constitution does not explicitly afford to the federal government in terms of dictating the conditions under which citizens can live, markets can function, and state force can be applied, is afforded to the governments of the individual states. This presumes that either the federal government or the state governments have the power under the Constitution to rule over its citizens, even if this ruling is to constrict liberty, as long as the power to do so fits within the proper division of powers afforded in the Constitution.
Thus, where the federal government doesn't have the right to dictate policy, the states do. Many states rights conservatives often argue that the Constitution, where it limits the federal government, does no such thing to state governments in their reserved powers. Take, for instance, gay marriage. I often hear from states rights conservatives the idea that if state governments decide to discriminate against gay people when it comes to affording the rights and privileges of marriage, they have the authority to do so. Perhaps an even better example is abortion. The argument goes that Roe v. Wade should be overturned as an un-Constitutional exercise of authority by the federal government and that the issue of whether to permit or outlaw abortion should be kicked back to the states, where state governments get to make the final binding decision on the matter. And that's where the argument tends to stop. Many states rights conservatives are willing to accept the power of state governments to enact and enforce legislation that would constrain freedom as a matter of deference to state power afforded under the federal Constitution. Hence, individual liberty or freedom can be duly constrained in one state while it can be advanced in another state. So the notion of the principle of freedom and liberty becomes relativized according the whim of state governments as opposed to being recognized as a universal concept. Theoretically, one can have liberty to smoke marijuana in California, but not even have the freedom to drink alcohol in South Carolina, much less smoke marijuana. It seems clear to me in this sense that California would be a state that is advancing liberty relative to South Carolina, and yet states rights conservatives are often willing to accept the right of South Carolina to constrain liberty in this way. This relativism that sacrifices the principle of liberty on the altar of states rights creates a slipperly slope whereby more pernicious constraints on liberty can be justified -- racial discrimination, gender discrimination, etc. This is why many liberals see the states rights argument often as code for the ability to justify the constriction of liberty. Through this, my friend Eric can argue (and correct me if I'm misunderstanding your position, Eric) that a candidate for governor in New York who would seek to use the power of the state through eminent domain to forcefully prevent the construction of a mosque near to ground zero may be a rotten autocrat for holding this position, but that this is a matter for the state and its residents to decide, so that if this candidate were to be elected governor and were to exercise this power, well then that's New York's business and who are we in the rest of the U.S. to meddle in New York's affairs, even if this exercise of power constricts freedom?
I'm not sure I've expressed myself so clearly here, but I think what I'm trying to say in a nutshell is that there is an inherent tension between the states rights argument as commonly presented by many conservatives and the notion of support for a universal principle of individual liberty. This is why we get candidates like Christine O'Donnell talk about defending the sacrosanct notion of individual liberty, and yet still hold that some authority forcing a dress code or a dance code on people is still tolerable and legitimate under the Constitution and the reserved powers it grants to local authority.