Looking for Consistency in Rick Perry's Federalism

While I was on vacation, I received a
bunch of messages taking me to task for my August 10
column about Rick Perry and the Christian right. Several
expressed concern (or rather un-Christian glee) at the prospect of
my eternal damnation. The less metaphysical ones questioned my
argument that Perry's support for constitutional amendments banning
abortion and gay marriage contradicts his professed commitment to
federalism?suggesting, as I put it, that he "does not really
believe in the 10th Amendment." These readers pointed out that
Perry does not propose simply ignoring the 10th Amendment; rather,
he wants to follow the constitutionally prescribed procedure for
carving out new exceptions to it. Joe Carter
raises a similar objection on the First
Things blog:

These "fair-weather federalists" are growing tiresome. No, I
don't mean [Bryan] Fischer [of the American Family Association] and
Perry, I mean folks like Sullum. If they were willing to follow
their logic they'd argue we should have never added the 13th
Amendment since it interfered with the states' right to legalize
slavery and involuntary servitude. But they have no qualms with
that particular amendment since it matches up with their own moral
values.
When exactly did supporting the 10th Amendment mean that you
could never, ever support a constitutional amendment that limits
the rights of states? 

Paul Kroenke
argues that amending the Constitution is itself an exercise in
federalism:

How can mandating this or that at the federal level be
federalist, you ask? The answer is simple. Amendments to the
constitution are not fly-by-night mandates on the people a-la
Obamacare's mandate that we all buy health insurance or face stiff
fines. Amendments to the Constitution represent one of
the most federalist processes we have to govern ourselves.
First, an amendment must be introduced in Congress, go through
the rigorous process of debate and revision and whatnot, and then
be passed by a 2/3 majority in both the House
and the Senate. After this happens, the amendment is then sent to
the states to be voted on, where it must be approved by 3/4 of all
of the states to be added in as part of the Constitution.
This is not some top-down, anti-federalist ignoring of the 10th
amendment to further one's agenda. This is the process by which a
massive, massive majority of the country decide that we are going
to fundamentally change the laws under which we live.
In supporting amendments to the constitution, Perry is indeed
supporting the federalist process. 

While the nationwide bans that Perry favors would be
constitutional by definition, it is hard to see how a process in
which a majority of states dictates policies to a minority
exemplifies federalism. And Perry does not merely acknowledge what
the 10th Amendment requires; he passionately
defends the underlying principle of leaving all but a few
specifically enumerated areas of public policy to the states, so
that decisions can be tailored to local needs, values, and
preferences. Furthermore, he has specifically cited abortion and
marriage as matters properly addressed by state governments in
accordance with this principle. Hence his current position is
rather like defending freedom of religion while advocating a
constitutional amendment denying that right to Muslims?after citing
tolerance of Islam as an example of what's so great about the First
Amendment.
Carter is right in suggesting that federalism is a means to an
end, not an ultimate value. The Constitution imposes various limits
on state sovereignty that, like the ban on slavery, aim to preserve
liberty and prevent local tyranny. Although I do not see Perry's
proposed bans on abortion and gay marriage in that light, perhaps
he does. If so, however, it is hard to understand why he cited
state autonomy regarding abortion and marriage to illustrate his
federalist convictions. Would an abolitionist circa 1860 have seen
diverse approaches to slavery as testimony to the genius of the
Framers' design?

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