Conservative Perspectives on American Federalism: Introduction

Conservatives were regularly criticized by liberals and othersfor their approach to federalism throughout the twentieth century.This trend began during the Progressive era, when the justicesof the "Lochner Court" were vilified for using national judicialpower to strike down local regulations. Several decades later,conservative opposition to New Deal programs was seen as insensitiveand elitist. Arguments for constitutional limitations on executivepower in the 1930s were attributed to the greed of businessmenand corporations. During the 1950s and 1960s, the conservativedefense of states' rights was explained by other unpleasantmotivations. Opposition to national civil rights laws was, formany, analogous to fondness for Jim Crow and other forms ofracial subjugation. Since the 1980s, conservative members ofthe Rehnquist Court have been denounced from various quartersfor their federalist perspectives. According to the Court'scritics, specious arguments about state sovereignty have beenused to rescind national rights and benefits.