[conservatism_IS_compassion]

over 37 states have begun to take some form of legal action against the health care legislation on the constitutional grounds that regulations such as the individual mandate overstep the federal government’s legal bounds. As I’ve argued before, the federalism of the Constitution is a rather good embodiment of the principle of subsidiarity, since it recognizes that many issues (even urgent and pressing ones like health care) should be dealt with at the state level.

I like the links in this article.

I'm not a Catholic, but I think that it would be profitable for all of us to refer to Catholic doctrine on the principle of subsidiarity. Sarah Palin is Pentecostal, for example, and I think it would do wonders if she would call Catholics to a revival in their adherence to a doctrine which is not only solid Catholic teaching, apparently, but directly embedded in the federal nature of our system of governance. The writer of this article, in an article he links, suggests that the preamble to the Constitution is a statement of the principle of subsidiarity.

He talks about nullification, and the recent landslide Missouri vote is an expression of the idea. But there is an explicit remedy in the Constitution which would not require legal brinksmanship

Article V - Amendment

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress . . .

38 states could demand that Congress call for a convention to write amendments to the Constitution.

Such amendment(s) could be agreed upon in advance and just rubber stamped at the actual convention.

The amendment(s) could be "rifle shot" legislation which might, for example, disqualify the president and VP and name a caretaker POTUS pending the next election.

Maybe it would be a good idea for the states to do something like that, just to remind themselves and Washington that they can. One possibility would be to reduce the size of SCOTUS temporarily to 7 justices, and vote Sotomayor and Stevens/Kagan off the island. That would strengthen the hand of the present SCOTUS majority so dramatically that Washington might actually sober up.

This idea would express the reality that electronic communication makes it practical for the states to conduct a virtual convention, and to conduct the physical one pro forma only.