originalism is the worst form of constitutional interpretation, except for all the others. - Neil Gorsuch

The morally defining nature of intentions can be further illustrated by any number of choices we make in daily living. Most of us might be said, for example, to "allow" the poor in our cities and towns to go hungry because we fail to do enough to help them- spending our time and our money in other pursuits, such as family and friends. We may even fully forsee or know that our failure to do more for the poor will mean that some persons will go hungry. While our choices in such cases indubitably say something about who we are, they do not say the same thing about us as would plotting intentionally to starve others. To seek out to starve another person is to endorse that objective, intelligently choose it, and freely will it. By contrast, the occurrence or nonoccurrence of unintended side effects, even ones we foresee as absolutely inevitable (as with the hungry person left unfed), necessarily say less about our success or failure in effecting our free will and intelligence in the free world.
imply put, we live as human beings in a world where we must make choices and take actions that, even when entirely legitimate and good, necessarily harm or damage or impinge upon other goods. And this happens at both the individual and the societal level. In choosing to spend a weekend with family, it may unavoidably mean that some persons in the soup kitchen will go hungry. In choosing to spend additional money on a prescription drug care program that primarily benefits the elderly, we as a society may know with crystalline clarity that we will not be able to increase spending on education for the young. With so many varied and diverse goods to pursue in this life, we cannot help but make choices in pursuit of legitimate and upright aims that also entail inevitable, if unwanted, negative consequences for other instances of human goods.

In truth, the push and pull between national and local authorities that federalism allows has nothing to do with benefiting one party or another; it has more to do with the fact that no single government can always get it right. Protecting federalism means ensuring that when one government loses its way, another can help light the way back.

Numbers tell part of the story, but only a part. Today, the law touches our lives in very different ways than it once did. In the past, the rules that governed what happened in our homes, families, houses of worship, and schools were found less in law than in custom or were left to private agreement and individual judgement. Even in the areas of life where law has long played a larger role, its character has changed. Once, most of our law came from local and state authorities; now, federal law often dominates.