August 29, 2002

GEITNER SIMMONS replies to Akhil and Vik Amar.

UPDATE: Rand Simberg says the Brothers Amar are in serious error:

There are two constitutional fallacies here. The first is that a state is just a “mini-me” of the federal government. It is not.

It doesn’t strike coins. It doesn’t raise armies. It doesn’t declare and wage war. If it does any of these things, it is put down, brutally, as we saw a hundred forty years ago. To compare the election of a governor to that of a president is to betray a fundamental ignorance of the nature of the federal system.

Ouch. Simberg also proposes the following SAT-style analogy question: “The Federal government is to a state as a state is to a…?”