Vertical Federalism, the New States’ Rights, and the Wisdom of Crowds
Journal: FIU Law Review
Year: 2016

The framers were concerned that the rights found in the Constitution were mere statements — “parchment barriers” — that would not be enough to protect the people from the abuse of power. Thus, they sought to control power by separating it. This separation of powers within the federal government is not the only method the framers designed to preserve liberty. They also embraced another form of Newtonian mechanics to balance power and thus preserve liberty — what we may call vertical separation —