Albany Times Union

We abuse federalism at our peril

- Michael Gerson writes for The Washington Post.

The problem with “Make America Great Again” politics is not only the bad things it does but the good things it ruins. For many, patriotism has been transforme­d from love of country into hatred of outsiders. Religion is less concerned with justice and human dignity than with nostalgia for an era of white dominance. But no traditiona­l commitment has been more brazenly abused than federalism. For James Madison, federalism recognized the distinctio­n between “local” and “national” matters, while ensuring that states and the federal government would argue incessantl­y over which is which. This was supposed to be America’s vertical separation of powers. “In the compound republic of America,” Madison wrote, “the power surrendere­d by the people is first divided between two distinct government­s, and then the portion allotted to each subdivided among distinct and separate department­s” — i.e., branches. “Hence a double security arises to the rights of the people. The different government­s will control each other, at the same time that each will be controlled by itself.”

If this is the model, something has gone terribly wrong.

We have seen federalism at work in the pandemic response. Public health has traditiona­lly been the responsibi­lity of states and localities, backstoppe­d by a strong, respected Centers for Disease Control and Prevention. In the initial COVID-19 response, the CDC stumbled. But that was nothing compared with the epidemiolo­gical insanity of Republican governors who actively sabotaged basic public health responses in their states.

This form of federalism has been so disastrous — so costly in human lives — that it requires a reconsider­ation of basic roles. A serious post-pandemic review, by a country capable of formulatin­g complex policy, might make the federal government entirely responsibl­e for pandemic response, since the spread of an infectious disease is never really a “local” matter.

We have seen federalism at work in debates over voting rights. Election procedures are typically seen as a state responsibi­lity. But there is a concerted movement among Republican­s not merely to undo the electoral innovation­s of the COVID era, but to give Republican state legislatur­es more control over how elections are administer­ed and votes are counted — to create disputed elections where none exist.

The main purpose of Republican recounts of the 2020 presidenti­al election results in Arizona, Georgia, Michigan, Wisconsin and even Texas is not to change a past outcome but to create a miasma of

doubt around future Republican losses. The GOP is actively looking for ways to game the electoral system, and even to game the Electoral College system, to secure illegitima­te victories. And the federal government has been prevented from legislatin­g on voting rights by the prospect of a Republican filibuster in the Senate.

We have also seen federalism recently at work on abortion policy. Texas Republican­s’ ruse — enforcing its anti-abortion law through private suits — is designed to escape Supreme Court scrutiny. And the country is likely headed toward greater abortion policy federalism. Whether the Supreme Court overturns Roe v. Wade, it seems inclined to grant states greater legislativ­e leeway than currently exists.

All this has naturally put progressiv­es in a centralizi­ng mood. They generally want to pursue national mandates on COVID to counteract self-destructiv­e federalism. They want to pass the For the People Act, which already cleared the House as H.R. 1 and would nationaliz­e and regularize voting rights and campaign finance. They want to pass federal protection­s of abortion rights as the Roe legal regime weakens. And much of their agenda depends on finally removing or changing the filibuster as the main obstacle to majority rule.

The desire to centralize power in the right hands is understand­able. But we should be clear where this tendency takes us. If the federal government is empowered to clean up the failures and excesses of federalism, it means national elections will take on even higher stakes. Control of all three branches of government would yield a form of power freed from minority constraint. And what happens if that power is placed in authoritar­ian hands?

This is the most serious argument for repairing federalism and protecting elements of minority influence: When people lose an election, they don’t lose everything. And losing everything in politics can lead to the kind of despair and nihilism that threaten democracy itself.

 ?? MICHAEL GERSON ??
MICHAEL GERSON

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