THE TWO FACES OF FEDERALISM

From the Journal -Scalia A., Two Faces of Federalism, Harvard Journal of Law and Public Policy, Vol.6, No.1, 1982, 19-22

Abstract

The article deals with the understanding of federalism by 20th century American conservatives, which seems to derive from the view of Alexander Hamilton, but essentially contradicts him. According to Scalia, Alexander Hamilton exalted the virtues  of federalism and criticized colonial disunity, while twentieth-century American conservatives for more than five decades saw federalism as a critique of central control, thus opposing the national government's intervention and extolling the benefits of state and local control. The author disagrees with such an approach and cites a number of areas of legislation in which it would be appropriate to have federal legislation and in some cases impose regulations prohibiting states. Scalia's final call is that the federal government is good if we use it wisely.