I know there are some anti-American, liberty-hating governors in a few states out there, but if we are considering originalist interpetations, we should be having this conversation. I think there are other ways to restore liberties to those states other than relying on a strong federal government. The states were supposed to be sovereign laboratories for the exploration of democratic ideals.
Restoring U.S. states’ rights from an originalist perspective would involve returning to the principles of federalism as outlined in the Constitution, where states were intended to hold significant sovereignty over matters not specifically delegated to the federal government. Originalists argue that the Tenth Amendment, which reserves powers to the states and the people, should guide modern policy, limiting federal overreach and allowing states to govern in accordance with their unique values and needs.
To accomplish this today, the Supreme Court could more rigorously apply originalist interpretations of constitutional provisions, striking down federal laws that infringe upon state powers. Additionally, Congress could pass laws that affirm states’ rights in areas such as education, healthcare, and law enforcement, and states could challenge federal mandates through litigation to reassert their constitutional authority. A shift in political culture, emphasizing local governance and constitutional limits on federal power, would also be essential in restoring the balance envisioned by the framers.