- Video
New Federalism: Not Your Father's Federalism
Is federalism ideologically neutral? New federalism started in the 1970’s with famed living Constitutionalist Justice William Brennan, who developed a progressive, liberty-protective approach to federalism -- “not your father’s federalism,” one that protected states’ rights and allowed for Jim Crow. Judge Jeffrey Sutton now argues that federalism, rightly understood, is politically neutral. It is espoused by advocates on the left (such as Justice Brennan) as well as on the right (such as Justice Scalia). It also is an important tool for protecting liberty. https://youtube.com/watch?v=646HqrQ8SDk