Federalism—the division of powers between the federal government and the states—is a cornerstone of the American system of government. It was a brilliant solution by the Founders to balance power and prevent the rise of tyranny. But over time, federalism has eroded, with the federal government growing far beyond what the Founders intended.
What the Founders Intended
The Founders believed that government functions should be divided between federal and state levels. The federal government was to handle national defense, foreign affairs, and issues that involved multiple states, while most powers were reserved for the states. This balance allowed individual states to act as “laboratories of democracy,” as described by Thomas Jefferson, where they could experiment with policies that best suited their local needs.
James Madison wrote in Federalist No. 45 that the federal government’s powers were to be "few and defined," while state powers would be "numerous and indefinite." The Founders believed this structure would prevent an overly powerful central government and protect individual liberties by keeping government closer to the people.
The Decline of Federalism
Over the last century, the balance has shifted dramatically. The rise of federal agencies, national programs, and broad interpretations of constitutional clauses like the Commerce Clause (discussed in another article) have led to an ever-expanding federal government. The New Deal era was a turning point when federalism began its decline. Laws like Social Security and federal infrastructure projects, although popular, increased federal control over areas that were once the states' domain.
This growth has continued with policies on healthcare, education, and environmental regulations all coming from Washington, D.C. The Tenth Amendment, which clearly states that powers not granted to the federal government are reserved for the states or the people, has been largely ignored or misinterpreted.
How We Can Restore Federalism
Restoring the balance of federalism will require a concerted effort to return powers to the states. First, Congress must take action to reduce federal overreach by focusing only on powers clearly outlined in the Constitution. Second, states must assert their rights by resisting federal mandates that fall outside of the federal government's enumerated powers.
The courts also play a crucial role. In recent years, there have been some positive signs of a shift back to federalism. For example, the U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius (2012) limited the federal government’s ability to force states to expand Medicaid, citing the importance of state sovereignty.
Citizens, too, must stay informed and advocate for a return to federalism. As James Madison said, "The powers delegated by the proposed Constitution to the federal government are few and defined." If we understand and uphold this principle, we can reclaim a government that is closer to the people and better able to protect individual liberties.
Conclusion
Federalism was designed as a safeguard against tyranny by spreading power across different levels of government. Today, we are far from that ideal, but it is not too late to restore the balance. By following the Constitution as originally intended and returning powers to the states, we can reclaim the liberty that comes from a limited government. This balance is essential for preserving our freedom and ensuring that government remains accountable to the people.
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