But here, too, the Supreme Court and public opinion are demanding the return of more powers to individuals and states. DOMA, pot legalization, the limits on the Voting Rights Act, and a rash of new state limits on abortion all point to a strong public interest in the decentralization of power.
The federal legislature, the Court, and state governments, both blue and red, seem to have adopted this principle of devolution as a strategy for dealing with the most politically toxic issues of our time. America is too big and its citizens are too diverse for one-size-fits-all solutions to some of our culture war issues. Some traditional American views seem newly relevant as we cope with these issues: individuals should be allowed as much freedom as is consistent with their not harming others; wherever possible, states should be free to settle their affairs on their own terms.
Because, clearly, the federal government can’t be trusted with the power.
Not So Fast 