Essay Sample on Federalism

Federalism is defined as a system of government in which the same territory is controlled by two levels of government. In his presentation of the annual Bernstein lecture in comparative law, Donald L. Horowitz, professor of law and political science at Duke University, presents the benefits and obstacles examined in federalism when used in a divided society.

Horowitz’s lecture begins with a brief summary of federalism’s creation. After the Articles of Confederation were originally published in 1788, their impact spread throughout Europe and led to the creation of Federalism. After which, the philosophy diffused to Brazil, Mexico, and the rest of Latin America. This global spread resulted in two varieties of federalism. Scaling up, who’s object is to unite formerly separate colonies or units, examples including America and India. And scaling down, who’s goal is separating formerly united units such as Belgium, Ethiopia, and Spain.

Achieving separation of federal and state governments comes with a variety of benefits and drawbacks for divided societies, which Horowitz covers throughout his presentation. At the root of each benefit of federalism Horowitz lists is one objective, reducing conflict. One way this is achieved is allowing a minority in a whole, to mitigate power to a portion where it’s in the majority. By dividing units of whole governments, minorities can have greater influence locally, and ultimately, in their federal government. However, this can create conflict when those in the majority feel their influence is not accurately reflected by federal decisions. Majoritarian governing at the national level is not always positive, in comparison, Federalism reduces conflict far more effectively. Another benefit of federalism is the allowance of special arrangements for areas with “special” problems. In some areas where problems may be overlooked by the federal government, states are able to come up with solutions to the particular issues their unit is faced with. By having more direct influence, states experience less discontentment with their government.

Federalism's ultimate goal is the interaction and judicial review of each of the government bodies. Horowitz discusses the obstacles that hinder this system. A major part of this issue he presents is how devolution creates new minorities each time groups are separated. This leads to violence between groups who think they should control the district or state, and the requests for endless proliferation of units. Other difficulties include; larger states being more powerful than others, ethnic cleansing as a result of indigenous groups, and the decentralization of corruption which makes it harder to locate. 

Although there are many issues relating to the control of religious and ethnic groups within their state, Horowitz provides insight on ways to limit these obstacles. One, ensuring there are multiple sources of appointment so one cannot control the courts. Regulations such as long, non-renewable terms with no incentives for judges to support a particular group, and no dismissal other than for serious misconduct, also ensure power dynamics remain equal.

Federalism in America, however, is different from many of the other areas discussed by Horowitz. For one, America is larger than most of the listed examples. Meaning, our states do not form as many tiny sections like other countries experience. This allows America to not be as divided as small countries with many states may be. While we still seem vastly polarized today, Americans widely agree in comparison to the other countries mentioned. Despite the many controversial disagreements we have, most Americans believe in the basic freedoms of life, liberty, property, and religion. So can a country as seemingly divided as America have federalism? I think so. The use of federalism in a country such as America is not reliant on the ability for the system to “work”, but, for the system to be maintained throughout the inevitable changes a country will face. The many debates our country faces is proof that federalism has been successful in our country. No one part of our government has unlimited control. Federalism ensures that rather than being completely divided on every issue, our country is able to be constantly compromising between our different sections of government.

Though, American federalism is not without its flaws. A recent example of this has been the overturning of Roe v. Wade. While the majority of American citizens (approximately 59%) are in support of a woman's right to choose, the supreme court has decided to give that choice to states due to their disagreement on the topic. While I, along with many other citizens, do not agree with this decision, it is the display of functional federalism in our country. Situations such as these display the conflict between groups Horowitz talked about. His solution, to ensure stability and equal control during times of conflict. Our government’s responsibility is to continue revising the policies it functions upon, and ensure our government is and adapts to be best suited for its citizens. So, while I think our policies have some much needed updating to be done, federalism is what ensures divided countries can still function despite the conflicts they face.