The decentralization criterion would be part of the professional review. Lower levels of government could challenge higher levels of government to have governmental activities decentralized. In placing governmental activities at the proper level one should remember that a federal governmental act is an experiment with a sample size of one. Equal treatment before the law means that there can be no variation, hence nothing is learned concerning other alternatives. Governmental activities should never be placed at a higher level than the lowest level at which economies of scale can be achieved. Lower levels of government should have the right to claim an experimental variance if the policies they propose would provide society knowledge of the consequences of new alternatives.