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Not Old or Borrowed: The Truly New Blue Federalism

by ROBERT A. SCHAPIRO

Progressives once feared federalism as a mechanism for allowing deviant, pernicious practices to persist. Federalism, it seemed, might constitute a polite, historically grounded justification for blocking the federal government from guaranteeing basic human rights to people throughout the United States. After all, “states’ rights” provided a rallying cry for opposition to the civil rights movement of the 1950s and 1960s. Thus, in 1964, a leading political scientist wrote, “[I]f in the United States one disapproves of racism, one should disapprove of federalism.”

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