Impact of Federalism on Privacy Rights

Federalism and Constitutional Debates
One of the most significant and innovative ideas in the American Constitution is federalism even though the word does not appear in it. This concept entails sharing of power between two different levels of government i.e. federal and state governments. Through this system of government, power from the central government is shared to state governments. While federalism has existed in the United States for centuries, there are numerous problems relating to the sharing of power between these different levels of government. These problems have generated constitutional debates on whether the concept has positive or negative impacts on certain fundamental rights. An example of an issue that has generated such debates is privacy rights i.e. whether some federal laws infringe on individuals right to privacy. This paper will examine the positive and negative impacts of federalism on privacy rights and identify the most significant impact. Positive Impact of Federalism on Privacy Rights
The right to privacy is one of the core concepts of contemporary liberal constitutional ideas in the United States (Lim, 2015, p.415). Actually, the right to privacy is a principle that is embedded in the architecture of the U.S. Constitution, especially on the Bill of Rights. In light of recent security threats, the central government has enacted legislation that seemingly infringe on the right to privacy. Moreover, there have been numerous concerns on whether federalism interferes with this constitutional right. Despite these concerns, federalism has had positive impacts on citizens' right to privacy.

One of the positive impacts of federalism on privacy rights is enabling people to decide the extent with which legislation affects their privacy. Federalism has achieved this through separation of powers in which state governments decide what kind of laws they enact. In essence, federalism has given local and state governments the powers to decide laws that relate to different issues including privacy. To this extent, state governments enact legislation based on people's ideas and thoughts on the extent of governmental involvement in their private lives. This essentially means that federalism enables citizens to choose what extent of their private lives would be availed to the government for political or security reasons.

Based on the principle of separation of powers, federalism ensures that the central government is not permitted to interfere with the way states operate. In this process, the state enacts laws including privacy laws that meet the demands and needs of its residents. However, the federal government ensures that states do not misuse their powers to enact legislation that would ultimately interfere with people's privacy rights as guaranteed by the Constitution (Mayabi, 2015). Therefore, federalism not only gives people power to determine the extent of privacy but also protects them from state legislation that would interfere with privacy as guaranteed by the U.S. Constitution. Negative Impact of Federalism on Privacy Rights
Despite having a positive impact on privacy rights, federalism also has a negative impact on this constitutional provision. Based on the concept of federalism, the protection of people's privacy is not only a responsibility of state governments but also a mandate of the central government. While the federal government has given states the power to enact their privacy laws, it still maintains some control on protection of people's privacy. Through federalism, the central government can obtain an individual's personal information and keep it in government databases. For instance, whenever an individual performs any transaction using Social Security Cards, the federal government is bound to be aware and can easily access his/her personal information when such transactions are conducted through banks and government entities.

In light of this trend, the negative impact of federalism on privacy rights is that it has provided a framework through which the central government can obtain people's personal information thus violating the right to privacy. Through this framework, federal agents can use whatever means to obtain people's personal information and infringe on their right to privacy. For instance, in Olmstead v. United States (1928), federal agents used warped measures to obtain evidence that was used to convict Olmstead who was having a conversation in his home (Legal Information Insitute, n.d.). These agents installed recorders in the accused house and obtain information about his conspiracy to commit a crime. This case is an example of how federalism can contribute to violation of privacy rights as federal agents can easily spy on individuals to achieve their goals and interests even if it involves violation of the right to privacy. Therefore, federalism provides a platform for violation of people's rights to privacy through enabling the central government to use any means to obtain personal information. The Most Significant Impact
From the previous analysis, it's evident that the most significant impact of federalism on privacy rights is a negative one. Even though the concept is centered on separation of powers, the central government can still obtain people's personal information using whatever means, which results in violation of privacy. This negative impact has been exacerbated by security threats and concerns in the recent past. As the central government is increasingly working towards ensuring homeland security, some of the laws and measures that have been used in this process have resulted in violation of privacy. For instance, the federal government enacted the PATRIOT Act, which enables its agencies and agents to gather citizens' personal information for national security reasons. Federal measures towards ensuring and enhancing homeland security continues to generate concerns on privacy rights.

Federalism has negatively impacted privacy rights by making it difficult to balance the need to preserve constitutional integrity and enhancing national security. As long as federalism provides avenues for necessary police investigation that could even result in violation of privacy, it's difficult to preserve this constitutional integrity (Dillard, 2011, p.510). The current system provides avenues for abuses of constitutional rights for the sake of national security interests.

While federalism has made it easier for people to determine the extent state governments can access their private lives through separation of powers, it still violates this doctrine by enacting laws that interfere with people's privacy such as the PATRIOT Act. As a result, Americans are constantly struggling with their right to privacy vis-a-vis the right of the society to engage in their private lives for national security reasons. Through federalism, the right to privacy is no longer considered from a legal theory perspective but as an issue of public interest. Therefore, the most significant impact of federalism on privacy rights is a negative one since it provides avenues for the central government to violate these rights. Conclusion
Federalism is a concept promotes separation of powers between the central government and state governments. This concept has generated numerous constitutional debates in the recent past such as the right to privacy. The positive impact of federalism on privacy rights is that it enables people to determine the extent with which the government can access their private lives through enacting relevant state legislation. However, its negative impact is its provision of avenues for the central government to obtain personal information and violate the right to privacy. In light of recent security threats and federal legislation on national security, the most significant impact of federalism on privacy rights is a negative one since it provides avenues for violation of an individual's privacy by the national government.

References

Dillard, J.A. (2011). Big Brother IS Watching: The Reality Show You Didn't Audition For. Oklahoma Law Review, 63, 461-510.

Legal Information Institute (n.d.). Olmstead v. United States. Retrieved from Cornell University Law School website: https://www.law.cornell.edu/supremecourt/text/277/438

Lim, E.T. (2015). The Federalist Provenance of the Principle of Privacy. Maryland Law Review, 75(1), 415-435.

Mayabi, C. (2015). Privacy Rights in the United States. Retrieved September 5, 2016, from http://www.grin.com/en/e-book/295899/privacy-rights-in-the-united-states