20 6 / 2013
"A different view, and one I find more persuasive, goes like this. The federal system of 1787 is gone. It died on the battlefields of the Civil War. In that war, the states’ basic sovereignty, in the form of the right to secede and the right to enslave, was decisively curtailed. The old system of federalism was replaced with a different system of federalism whose contours are complex and still evolving, but which differs in fundamental ways from the federal system of 1787. The Civil War is hardly the end of this story."