Chapter 3: American Federalism
By the end of this section, you will be able to:
- Discuss the advantages of federalism
- Explain the disadvantages of federalism
The federal design of our Constitution has had a profound effect on U.S. politics. Several positive and negative attributes of federalism have manifested themselves in the U.S. political system.
THE BENEFITS OF FEDERALISM
Among the merits of federalism are that it promotes policy innovation and political participation and accommodates diversity of opinion. On the subject of policy innovation, Supreme Court Justice Louis Brandeis observed in 1932 that “a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” What Brandeis meant was that states could harness their constitutional authority to engage in policy innovations that might eventually be diffused to other states and at the national level. For example, a number of New Deal breakthroughs, such as child labor laws, were inspired by state policies. Prior to the passage of the Nineteenth Amendment, women already had the right to vote in several states. California has led the way in establishing standards for fuel emissions and other environmental policies (Figure 3.18). Recently, the health insurance exchanges run by Connecticut, Kentucky, Rhode Island, and Washington have served as models for other states seeking to improve the performance of their exchanges.
Another advantage of federalism is that because our federal system creates two levels of government with the capacity to take action, failure to attain a desired policy goal at one level can be offset by successfully securing the support of elected representatives at another level. Thus, individuals, groups, and social movements are encouraged to actively participate and help shape public policy.
Federalism and Political Office
Thinking of running for elected office? Well, you have several options. As Table 3.1 shows, there are a total of 510,682 elected offices at the federal, state, and local levels. Elected representatives in municipal and township governments account for a little more than half the total number of elected officials in the United States. Political careers rarely start at the national level. In fact, a very small share of politicians at the subnational level transition to the national stage as representatives, senators, vice presidents, or presidents.
If you are interested in serving the public as an elected official, there are more opportunities to do so at the local and state levels than at the national level. As an added incentive for setting your sights at the subnational stage, consider the following. Whereas only 35 percent of U.S. adults trusted Congress in 2018, according to Gallup, about 63 percent trusted their state governments and 72 percent had confidence in their local governments., 
If you ran for public office, what problems would you most want to solve? What level of government would best enable you to solve them, and why?
The system of checks and balances in our political system often prevents the federal government from imposing uniform policies across the country. As a result, states and local communities have the latitude to address policy issues based on the specific needs and interests of their citizens. The diversity of public viewpoints across states is manifested by differences in the way states handle access to abortion, distribution of alcohol, gun control, and social welfare benefits, for example.
THE DRAWBACKS OF FEDERALISM
Federalism also comes with drawbacks. Chief among them are economic disparities across states, (i.e., states compete to attract business by lowering taxes and regulations), and the difficulty of taking action on issues of national importance.
Stark economic differences across states have a profound effect on the well-being of citizens. For example, in 2017, Maryland had the highest median household income ($80,776), while West Virginia had the lowest ($43,469). There are also huge disparities in school funding across states. In 2016, New York spent $22,366 per student for elementary and secondary education, while Utah spent $6,953. Furthermore, health-care access, costs, and quality vary greatly across states. Proponents of social justice contend that federalism has tended to obstruct national efforts to effectively even out these disparities. When national policy-making is stymied, and policy advocates move to the state level, it takes fifty-one different advocacy efforts to bring about change, compared to one effort were the national government to take the lead.
The National Education Association discusses the problem of inequality in the educational system of the United States. Visit the Racial & Social Justice page of the NEA website to see how NEA EdJustice is advocating for change in this area.
The economic strategy of using race-to-the-bottom tactics in order to compete with other states in attracting new business growth also carries a social cost. For example, workers’ safety and pay can suffer as workplace regulations are lifted, and the reduction in payroll taxes for employers has led a number of states to end up with underfunded unemployment insurance programs. As of March 2021, twelve states have also opted not to expand Medicaid, as encouraged by the Patient Protection and Affordable Care Act in 2010, for fear it will raise state public spending and increase employers’ cost of employee benefits, despite provisions that the federal government will pick up nearly all cost of the expansion.,  More than half of these states are in the South.
The federal design of our Constitution and the system of checks and balances has jeopardized or outright blocked federal responses to important national issues. President Roosevelt’s efforts to combat the scourge of the Great Depression were initially struck down by the Supreme Court. More recently, President Obama’s effort to make health insurance accessible to more Americans under the Affordable Care Act immediately ran into legal challenges from some states, but it has been supported by the Supreme Court so far. However, the federal government’s ability to defend the voting rights of citizens suffered a major setback when the Supreme Court in 2013 struck down a key provision of the Voting Rights Act of 1965. No longer are the nine states with histories of racial discrimination in their voting processes required to submit plans for changes to the federal government for approval. After a tumultuous 2020 election, many states in 2021 advanced legislation to make voting rules and processes more rigorous, a move many said was an effort to limit voting access. For example, elected leaders in Georgia passed a law making voter ID requirements much stricter and also significantly limited options to vote outside of Election Day itself.
See the Chapter 3.5 Review for a summary of this section, the key vocabulary, and some review questions to check your knowledge.
- New State Ice Co. v. Liebmann, 285 U.S. 262 (1932). ↵
- Christine Vestal and Michael Ollove, “Why some state-run health exchanges worked,” USA Today, 10 December 2013. ↵
- Rachel Frazin, "More States Follow California's Lead on Vehicle Emissions Standards," The Hill, 28 February 2021, https://thehill.com/homenews/state-watch/540795-more-states-follow-californias-lead-on-vehicle-emissions-standards. ↵
- Jennifer Lawless. 2012. Becoming a Candidate. New York: Cambridge University Press. ↵
- Justin McCarthy. 2014. “Americans Still More Trusting of Local Than State Government," Gallup, 8 October 2018, https://news.gallup.com/poll/243563/americans-trusting-local-state-government.aspx. ↵
- Lydia Saad, "Trust in Federal Government's Competence Remains Low," Gallup, 29 September 2020, https://news.gallup.com/poll/321119/trust-federal-government-competence-remains-low.aspx. ↵
- United States Census Bureau. 2017. “Median Household Income (in 2017 Inflation-Adjusted Dollars.” 2017 American Community Survey 1-Year Estimates. https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_17_1YR_R1901.US01PRF&prodType=table. ↵
- Governing the States and Localities. 1 June 2018. “Education Spending per Student by State.” http://www.governing.com/gov-data/education-data/state-education-spending-per-pupil-data.html. ↵
- The Commonwealth Fund. “Aiming Higher: Results from a Scorecard on State Health System Performance, 2014.” http://www.commonwealthfund.org/publications/fund-reports/2014/apr/2014-state-scorecard (June 24, 2015). ↵
- Alexander Hertel-Fernandez. 2012. “Why U.S. Unemployment Insurance is in Financial Trouble,” February. http://www.scholarsstrategynetwork.org/sites/default/files/ssn_basic_facts_hertel-fernandez_on_unemployment_insurance_financing.pdf ↵
- Matt Broaddus and January Angeles. 2012. “Federal Government Will Pick Up Nearly All Costs of Health Reform’s Medicaid Expansion,” March 28. http://www.cbpp.org/research/federal-government-will-pick-up-nearly-all-costs-of-health-reforms-medicaid-expansion. ↵
- "Status of State Medicaid Expansion Decisions: Interactive Map," KKF, 7 June 2021, https://www.kff.org/medicaid/issue-brief/status-of-state-medicaid-expansion-decisions-interactive-map/. ↵
- National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012). ↵
- Shelby County v. Holder, 570 U.S. 529 (2013). ↵
- Mark Niesse, "Sweeping Changes to Georgia Elections Signed into Law," The Atlanta Journal-Constitution, 25 March 2021, https://www.ajc.com/politics/bill-changing-georgia-voting-rules-passes-state-house/EY2MATS6SRA77HTOBVEMTJLIT4/. ↵
a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment