Hi D&O,
while I don't have much time for originalism, i do think the state's rights arguments are intriguing.
it's a very flexible tool. devolving power, using the state's as idea factories, permitting cultural diversity - these are sometimes useful solutions to difficult problems.
not always. but sometimes.
but for myself, i haven't got a good working rule to decide when federal makes sense rather than local.
eg abortion rights seem to be a federal issue because such matters affect the individual privacy of americans. but i don't understand why abortion rights should not actually be a local matter.
maybe someone has a general rule. if so, it would be fun to chat about it.
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