However, as a result of the evolution of federal water policy and trends in federal devolvement, the federal government may be fragmented to the point where it is not able to properly address the inadequacies in the state government’s water policies.
To remedy this I propose the following three solutions.
When it comes to liberty, the competition provided by federalism empowers the sovereign individual.
Because one’s vote in an election is swamped by the ballots of millions of others, it is simply irrational for most persons to invest too heavily in the time and resources to learn what it takes to vote wisely.
Sometimes states are characterized as “laboratories of experimentation,” a paraphrase of a dissenting opinion by Justice Louis Brandeis in the 1932 case of .
In his dissent, Brandeis described how a “state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” When it comes to economic regulation, so long as they remain within the proper scope of their power to protect the rights, health and safety of the public, fifty states can experiment with different regimes of legal regulation so the results can be witnessed and judged rather than endlessly speculated about.
The cost of exiting one state for another is far lower than exiting the United States when one disagrees with a national policy.
Consequently under a federal system the citizen’s enhanced power of exit not only provides a comparatively greater constraint on legislative power that is reserved to the states, it empowers individuals to achieve their own purposes far more effectively than relying on their ability to influence national policy by their vote, or by leaving the country of their birth.
Not only is it difficult to identify the objectively “correct” social policy, it is not clear that such policies even exist.
Different people subjectively prefer to live in different types of communities, not only due to differing opinions about morality, but simply as a matter of taste.