Having already written the best “federalism good” impact turns known to man (if you’re a policy debater, throw your hands up!), Steven Calabresi now turns his attention to the coming Obama Administration apocalypse:
A whole generation of Americans has come of age since the nation experienced the bad judicial appointments and foolish economic and regulatory policy of the Johnson and Carter administrations. If Mr. Obama wins we could possibly see any or all of the following: a federal constitutional right to welfare; a federal constitutional mandate of affirmative action wherever there are racial disparities, without regard to proof of discriminatory intent; a right for government-financed abortions through the third trimester of pregnancy; the abolition of capital punishment and the mass freeing of criminal defendants; ruinous shareholder suits against corporate officers and directors; and approval of huge punitive damage awards, like those imposed against tobacco companies, against many legitimate businesses such as those selling fattening food.
If this is indeed the case, conservatives should hope and pray for an Obama victory. I can think of no better tonic for our ailing Republican coalition than a massive Democratic over-reach. Of course, I’m sure Obama has also considered this scenario, which is another reason why the prospect of a McCain defeat fails to excite me.