Over the last century, U.S political power has become increasingly centralized. Although some hoped centralization would increase democracy and national unity, discord defines much of our political atmosphere while the president’s powers grow.
None of this would surprise James Madison, known as the “Father of the Constitution.” In 1791, Madison warned that consolidating power in the national government would inevitably increase the power of the president, silence the voice of the people and lead to national disunity.
Madison realized that Congress, as a large, deliberative body, could not take on every local government issue. If Congress tried, it would become overwhelmed and would defer to the executive, who could act quickly, thus increasing the executive’s powers and diminishing Congress’.
Madison also predicted that the people of the United States are too diverse to speak as a whole. Hence, any expressions of the public mind would only be partial. Without a clear public voice to guide them, the national government would determine its own course. In other words, Madison foresaw a “deep state” and the disconnect between the public and national officials.
If Madison’s diagnosis is correct, then the solution is not simply that Congress exerts itself more against the executive. Rather, the solution must include federalism: a division of powers that limits the national government’s responsibilities and allows state and local governments to fully direct their affairs.
The U.S. Constitution institutionalized federalism as a fundamental element of our governing structure. Etymologically, federalism comes from the Latin word “foedus,” meaning treaty, pact or covenant. While novel in its separation of powers and responsibilities between two distinct governments, the philosophy and practice of federal governance goes back to ancient Israel. In the Hebrew Bible, a federal or covenant agreement bound members as equal partners to address common problems. Authority was divided, roles and responsibilities might differ, and the partnership was limited to preserve a realm of liberty for the partners.
Federalism was brought to America by religious pilgrims seeking to escape Europe’s top-down, centralized governments that opposed popular sovereignty and covenant-based societies. The Mayflower Compact was one of many political covenants signed by Americans in order to establish federal societies.
Over the next nearly 170 years, American colonists experimented with many federal arrangements. In time, secular liberal and republican ideas were mixed into their political thinking, but a strong culture of popular sovereignty and covenant order always remained. Hence, the people of Massachusetts in 1780 described their constitution, like their Pilgrim forebears, as a “covenant.”
This long federal tradition in the American colonies culminated with the Declaration of Independence and the U.S. Constitution. At the heart of these two founding documents is an agreement that binds the nation, states and people into a federal partnership to address limited collective objectives. Each partner in this agreement has different roles and responsibilities, and the partnership is limited to preserve a realm of liberty and autonomy for the states and the people.
In the last century, a commitment to federal principles has been eclipsed by an emphasis on consolidated government to foster national unity and democracy. The consequence is, however, as James Madison predicted, the exact opposite.
The Constitution has united our nation multiple times in the past and could again if we heed the call to renew, revitalize and recover our practice of constitutionalism, as Yuval Levin suggested in his recent book, “American Covenant.” Among those practices is a proper understanding of, and governing commitment to, constitutional federalism. This would decrease the national government’s responsibilities and allow Congress to focus on truly national concerns. It would bring the policies that affect daily lives closer to the people, thus allowing state and local governments to better represent and reflect the diverse interests and values of their citizens.
Unfortunately, we have neglected this heritage and our founders’ wisdom. A renewed focus on federalism animates HB488, which just passed the Utah Legislature and will provide nonpartisan federalism training for the state’s government officials and otherwise assist in supporting a balanced partnership with the national government. Utah’s dedication to fostering this fundamental principle of the United States’ Constitution could serve as the basis for a more democratic and united political society.