Thomas, Clarence. “Why Federalism Matters.” Drake Law Review 48, no. 2 (2000): 231– 238.
The article seeks to answer the question of the relevance of federalism in today’s America. It explains that federalism still matters as it has been crucial in safeguarding individual liberty[1]. The article argues that federalism is just a construct like the separation of powers, which serves certain wrongs which have been present in American society. Federalism has been important in providing checks on the national government where the judiciary and executive could not. It serves to protect the rights of the people, an indication that it is still relevant. Therefore, federalism helps check and control the power of the government to allow individual freedom and private activity to grow without the national government’s interference.
To indicate that federalism is still relevant in America, the author elucidates that federalism promotes self-governance by bringing decision-making closer to the people[2]. Further, states have retained jurisdiction over most issues affecting the daily lives of Americans, another suggestion that federalism is still relevant. It is through federalism that states can tailor national programs to local needs and conditions. They can recognize rights under their constitutions while at the same time recognizing rights and protecting people. Another important issue that indicates that federalism is thriving is that states can compete to provide policies that protect the rights and liberties of citizens and can compete with the national government in such realms.
The article further explains that through federalism, states make decisions regarding resource allocation and the balance between private and public power. Today, thanks to federalism, people can move to states where there are policies that favor them, which spurs competition among states to provide policies that protect people’s rights. States can administer different areas of policy, for example, education and criminal law without the interference of the national government. As such, states help breed future political leaders by providing an alternate source of political loyalty. Additionally, federalism protects the sovereignty of states to control the excesses of the federal government.
Rubin, Edward L. “Puppy federalism and the blessings of America.” The Annals of the American Academy of Political and Social Science 574, no. 1 (2001): 37–51.
In the article, Rubin provides a detailed analysis about the situation of federalism in the United States since the nation was founded up to this day[3]. The article starts by explaining the importance of federalism and what it was meant to attain before reputing its existence in today’s America and its evolution to what Rubin refers to as puppy federalism. Federalism is seen as important when people in a region have basic disagreements about living in a single polity. Additionally, the loyalty of the people has been stronger with their own state compared to the nation paving the way for federalism. The article asserts that federalism is no longer relevant in America today.
Rubin argues that federalism was made to resolve the dangerous and devastating problems of lack of unity, the social and political differences of the time, and the persistence of separatism, which were common during the founding of the nation[4]. However, the ways of life, for example, the political, social, economic, religious, and cultural aspects of the southerners were identical to those of the northerners, which eventually killed federalism. An emergency of a New South was evident during the 1970s and 1980s as all Americans were largely living in a homogenized commercial culture eliminating the need for federalism. This ushered in the new kind of federalism described as puppy federalism.
The article explains that the current federalism looks somewhat authentic, but is not reflective of the desires of the founders or its real meaning. Today’s federalism has altered the conception of the government set during the founding of the nation. The national government only gives the states control over policy in areas whose concern is not national. It retains control over policies that are truly crucial. As such, federalism in the United States is managerial decentralization as some states cannot act in their own consciences. Rubin feels that Americans should celebrate that they do not need federalism since all problems that it sought to solve are no longer present, thereby, providing an opportunity to concentrate on important issues, such as national government’s supervision of states[5].
SYNTHESIS
The founding aspects of the United States of America are based on federalism and the separation of powers. Federalism sought to limit the government by creating two sovereign powers between the national government and state government to restrain their influences. It involves the division of powers and responsibilities between the national government and state governments. Therefore, the founders attempted to balance liberty with order by creating a federalist government to allow more political participation, avoid tyranny, and use states as the basis for new program and ideas. These ideas are captured in the articles, “Puppy federalism and the blessings of America” and “Why federalism matters.” While Rubin asserts that federalism is not relevant in America today, Thomas disagrees and emphasizes that federalism still matters. The articles answer the question whether federalism is still relevant in the United States.
Federalism brings about political identity and tragic compromise. In the first section of Rubin’s arguments, federalism gains relevance to solve problems, such as lack of national unity, as well as, political, economic, and social differences. The founders believed a separation of powers was crucial to prevent the national government from denying power to the state governments. They meant to share power between the national government, and the state and local governments. In some instances, the state governments have powers to enact legislation that the federal government cannot take away from them. However, according to Rubin federalism has evolved to involve puppy federalism in current legislative policy[6]. The correspondence of state polices to national norms leads to federalization of policy. Thomas disputes this claim and asserts that federalism is still relevant today as it provides a check on national government and protects states as institutions[7]. If it were not for federalism, the national government would be tyrannical. Federalism has been critical in protecting the rights of the American people and guaranteeing individual liberty.
Further, federalism promotes the purposes served by the Bill of Rights, limiting federal powers, and separation of powers to enable people’s freedom to flourish without interference. This indicates that federalism is still relevant and thriving. Thomas notes that federalism creates a local decision-making system that enhances self-government and makes the states to custom national programs to local needs and conditions[8]. Rubin seems to agree by stating that federalism plays the same role as the separation of powers and the Bills of Rights. However, the presence of national unity and peace has watered down federalism to puppy federalism in today’s legislative policy which looks authentic but fails to reflect the desires of the founders. Federalism was meant to iron out the differences that exist among American people, but looking keenly there are no differences today.
References
Rubin, Edward L. 2001. “Puppy federalism and the blessings of America.” The Annals of the American Academy of Political and Social Science 574, no. 1 (March): 37–51.
Thomas, Clarence. 2000 “Why Federalism Matters.” Drake Law Review 48, no. 2: 231–238.
[1] Thomas, Clarence. “Why Federalism Matters.” Drake Law Review 48, no. 2 (2000): 233.
[2] Clarence, 235.
[3] Rubin, Edward L. “Puppy federalism and the blessings of America.” The Annals of the American Academy of Political and Social Science 574, no. 1 (2001): 38.
[4] Edward, 49.
[5] Edward, 49.
[6] Edward, 48.
[7] Clarence, 235.
[8] Clarence, 237
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