Panel discusses new federal possibilities
By KATE STEER
News Writer
Panelists gathered Friday to discuss states' rights and federalism in the 21st century.
Present were the governor of Montana Marc Racicot, Judge Robert Miller of the Northern District of Indiana and Michael Greve, executive director of the Center for Individual Rights.
Racicot's remarks centered around optimism for the future of collaboration between federal and state governments.
"The Constitution gives the federal government power that is limited, but over past years, that power has grown," he said, adding that in the last decade, the state and supreme courts have taken steps to reinvigorate state power.
The governor's opinions about the most desirable direction in which to move were apparent: "Any doubt about where power resides should be construed in favor of the states."
Racicot pointed to the general feeling that to get anything done, the highest level — the federal level in this case — must be reached.
"Citizens look to national government to lead the way, but we're always best with the most government that serves people at the lowest level possible," he said.
Judge Miller took a legislative point of view. He noted that the case load of the federal court system has increased recently as a result of the push of law into the federal realm.
"I am somewhat more pessimistic than Governor Racicot," said Miller. "Businesses have learned that it is more effective to lobby at the federal level rather than at 50 state levels."
He said that this attitude makes it harder to change the trend.
"We are heading toward a situation where cases brought under state law will be decided by federal law," Miller said.
Greve offered a stance opposite to Racicot's. "I don't like the phrase `states' rights,'" he said.
He defined federalism as the notion of divided sovereignty over the same jurisdiction: in other words, to oblige government to control itself.
"The supreme court is slowly working up to the fact that it is the only institution that can preserve federalism," Greve said.
The symposium was co-sponsored by the Federalist Society, Notre Dame Student Government and the Law School.
All News Stories for Monday, November 8, 1999
