On Federalism: Preserving Strong Federal and State Governments

Most Americans recognize the term "federalism," but an exact definition of the term is elusive. Disputes over the bounds of state and federal sovereignty implicate "perhaps our oldest question of constitutional law." 1 I propose that recent decisions of the Supreme Court indicate the emergence of a definition of "federalism" that may guide legislators and judges in solving national and local problems in a spirit of cooperation.

Our country has come a long way since its most early days, when Federal power over individuals was severely constricted because the Articles of Confederation required the cooperation of state legislatures in achieving national goals. The Framers resolved that problem by permitting the Federal Government to act directly upon the people. In my view, the allowance for federal regulation of individuals and protection of their national interests, while preserving the sovereignty of States acting within their own boundaries, is crucial to our constitutional framework.

The Framers recognized the need for a strong and functional government, but, as Justice Harlan once explained, they "were suspicious of every form of all powerful central authority."2 By establishing two levels of government, the Framers sought to guarantee both national unity and individual liberty.

The framework they designed seems so deceptively simple that the Tenth Amendment has been described as "but a truism." 3 Nonetheless, "the task of ascertaining the constitutional line between federal