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Vol. IV · No. 011Established 2019

The Museletter

Never let the truth get in the way of a good story

Issue 011·Jan 15, 2022·2 minute read

El Museletter Part Onze

Federalism is the boring word for a structural hedge.

The 50-states arrangement looks inefficient when you watch it from above. Different testing protocols. Different mask mandates. Different school-reopening calendars. Different vaccine rollouts. A central authority would have produced one of each. We produced fifty.

The 2020 stress test showed why we built it this way.

When the federal response is wrong — and federal responses are often wrong, because no central authority can be right about fifty different populations — the states keep the country alive. When the federal response is right, the states slow it down. The trade cuts both ways. The country that has all fifty states agreeing on a national plan suffers most when the plan is wrong.

I'm a securities lawyer. Securities law is a federal regime sitting on top of fifty state regimes, and every transaction has to clear both. It is annoying. It is also why the United States has the deepest, most liquid capital markets in the world. When the SEC is captured by a bad commissioner, Delaware corporate law is still working. When Delaware courts go off the rails, federal disclosure is still happening. Each layer assumes the others might fail. None of them have to.

Federalism isn't a bug. It is a redundancy we paid for in the eighteenth century and rediscovered in the twenty-first.

The next pandemic will be different. Different virus. Different season. Different politics. The states will disagree again. They will disagree because that is the point. The country that survives the next one remembers what disagreement is for.

The world’s most irregular periodical.