Giuliani has won over many hostile Republican constituencies by offering an
implied bargain of federalism. He understands that "what works in New York
doesn't necessarily work in Mississippi or Montana." In other words, he
doesn't seek to dye the multihued American quilt New York blue.
On abortion, for example, Giuliani remains pro-choice, but he's signaled
that he might be OK with "strict constructionist" judges overturning Roe vs.
Wade and sending the issue back to the states. This isn't the pro-life
ideal, but pro-lifers and even some conservative pro-choicers understand
this would be enormous progress. And, if you believe even a fraction of the
rhetoric we've heard for decades about how the GOP is held hostage by
religious conservatives, it's hard not to salute Giuliani's courage.
Earlier in the campaign, he had a similarly base-displeasing position on
guns. But Giuliani understood that such a view would have gotten booed by
NRAers, who legitimately believe that gun rights are as real as free-speech
rights and are far more grounded in the Constitution than abortion rights.
(Gun rights have the No. 2 spot in the Bill of Rights, after all, while
abortion rights merely exist in the fairyland of constitutional penumbrae).
Still, Giuliani could have argued that all sorts of rights can and should be
regulated at the local level while still preserving constitutional
protections. He could have given the NRA half a loaf by saying that he'd
appoint judges who understand that the feds shouldn't be in the business of
restricting explicit constitutional rights. And while the courts certainly
aren't on his side on this point, they aren't with him on abortion either.
In a race filled with liberals and conservatives who want to impose a single
vision on the country, the Giuliani federalist bargain has the most
potential for expanding meaningful freedom and political diversity. It'll be
a shame if the stevedore is willing to throw that over the side at the first
hint of stormy weather.
Jonah Goldberg
Jonah Goldberg is editor-at-large of National Review Online,and the author of the forthcoming book The Tyranny of Clichés. You can reach him via Twitter @JonahNRO.
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