The Corner

Another Response to Levin

I didn’t defend the Hatch amendment as a pure federalist approach. It is more federalist than either the FMA or federal-court-imposed same-sex marriage in that it leaves freedom of action to state legislatures. But it takes it away from state (and federal) courts. As I’ve written before on NRO, it’s more purely a democracy amendment than a federalist one. So whoever you’re arguing with, it isn’t me.

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