On Fred Thompson's Commitment to Federalism

So far, so good.

Via Insty, Volokh discusses how "refreshing" it is to see someone running for President who takes the Constitution seriously:

"I think people ought to be free at state and local levels to make decisions that even Fred Thompson disagrees with. That’s what freedom is all about. And I think the diversity we have among the states, the system of federalism we have where power is divided between the state and the federal government is, is, is—serves us very, very well."

Many politicians say such things. President Bush, for one, spoke quite a bit about the need for state flexibility when he was a Governor and a candidate, but seems to have forgotten about such things over the past six years. It appears Thompson actually means it, however, as he stuck to his federalist guns even when confronted with issues where many "conservatives" abandon federalism and embrace federal power. He even endorsed state autonomy where such a position meant rejecting policy positions favored by significant portions of the GOP base.

On abortion, for example, Thompson said that he believes that life begins at conception, and that Roe v. Wade was wrongly decided and should be overturned. Yet he further stated that he opposes a constitutional amendment prohibiting abortion and the language endorsing a federal prohibition in the 2004 GOP Platform.

Similarly, on gay marriage, Thompson said that he believes "marriage is between a man and a woman," but stops short of endorsing a constitutional amendment to prohibit gay marriage. Rather, Thompson said he supports an amendment to prevent the imposition of gay marriage by the judiciary, but that state legislatures should be free to recognize gay marriage if such a policy is supported by the people of a given state. As I understand it, Thompson's position is essentially that outlined by Michael Greve, and which would provide a constitutional backstop to the Defense of Marriage Act, but would not prevent states from making their own choices about gay marriage.

I keep looking for something about Thompson I can really dislike, but I'm not finding too much just yet. He seems to have the highest level of charisma among the GOP contenders, and the strongest principles. I also think he may have fewer skeletons in his closet than just about any of the candidates—from both parties.

UPDATE: More on Federalism (and Fred Thompson) at The Jawa Report.