Federalism Conservative and Liberal Views

Federalism

Conservative and Liberal Views of Federalism

When many people hear the noun "federalist," they naturally think of the issue of states rights, and, as a result of the nature of state and federal legal disputes in the build-up to the Civil War, they come to the conclusion that federalists are conservative person. In fact, the pro-state-rights stance of federalism has largely been co-opted by conservatives, who believe that judicial activism, or any of the other traditional hallmarks of an over-powerful central government, threatens individual liberty. For example, the Federalist Society for Law and Public Policy Studies, which is a conservative organization, calls itself a federalist organization, and promotes "reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law." (the Federalist Society). However, this definition perverts the nature of federalism, which was designed to allow individuals of different temperaments to find the smaller province of their likely (states), while still living under the protections of a larger political body (nation), which guarantees certain personal and political freedoms. There are two aspects to federalism, both of which are essential for the proper functioning of a federalist society. In fact, almost every major socio-political issue from the last century and a half owes its resolution to the concept of federalism. By understanding how federalism has impacted two major social issues, one can then understand how important the federal and state governments are to the concept of federalism.

For example, the issue of abortion is one that divides liberals and conservatives. Liberals have found that federalism, which promotes the idea of a federal government that protects individual liberties, has been helpful for the pro-choice movement. Individual states had individual laws regarding access to abortion; the practical effect of those laws was that women in some states had no access to abortion. However, the Supreme Court determined that reproductive freedom was an essential element of personal liberty, and that, as a result, women should have access to abortions. This aspect of federalism protected an individual right, which was threatened by the local ideals and mores of individual states. As a result, this part of federalism protected the individual as a citizen of the United States, and ensured that a state could not impinge upon a person's constitutional liberties and freedoms. The role of federalism in protecting individual rights continues to the current day. For example, in 2005, an inmate sought access to an abortion, which was initially denied. "The U.S. Supreme Court unanimously ruled, without offering opinion, that the woman be allowed to have [an] abortion." (Dawe). The court did so, despite the fact that some state funds would have to be used for the inmate to access the abortion.

A more current political issue demonstrates the power of states' rights. Currently, some states have legalized gay marriages and civil unions. Other states have gone to the other end of the spectrum, and have passed state and local laws specifically illegalizing gay marriages. As of 2004, there were 17 states whose constitutions banned same-sex marriages, and most of those states also prohibited recognition of homosexual civil unions.