Over the past century, the federal government has shifted its focus toward a more administrative role. Today, the President wields power through executive orders, extensive regulations, emergency declarations, and administrative actions that impact nearly every aspect of daily life. On the other hand, Congress, which is meant to be the most reflective of the public, seems increasingly divided and disengaged from its constitutional duties.
This isn’t what the founding fathers envisioned. In times of great division, the foundational principles—like federalism—should promote unity. Although it might sound like a concept from outdated civic textbooks, the distribution of power between national and state governments is crucial for restoring trust, fostering innovation, and preserving democratic values.
The insights of Montesquieu, Locke, and other American founders hold true: preventing power abuse requires a division of power. This approach is not limited to the separation of powers but is integrated into the American system of sovereign states—a practical framework for achieving balance.
Waiting for Washington to find its footing is not an option for federalism. Instead, progress must begin at the state level—like in Utah.
The Covid-19 pandemic highlighted both the advantages and complications of federalism. The federal government provided necessary resources, but local leaders, such as governors and mayors, had to advocate for them. States employed a range of strategies for issues like school closures and vaccine distribution—with varying degrees of success. Overall, this period underscored the significance of local governance addressing local needs.
That’s the essence of federalism. It allows states to function as experimental grounds for new ideas. Utah, for instance, has tackled innovative Medicaid reforms. Other states, like Colorado and Oregon, have set precedents in drug policy and environmental initiatives. Meanwhile, Florida and Texas are pursuing economic advancement through deregulation. Such ventures provide valuable lessons for others to consider.
Moreover, federalism encourages citizens to engage in the democratic process. When decision-making is localized, it helps to rebuild trust—especially vital in a time when confidence in national institutions is waning. State and local governments are often seen as more responsive and relatable.
Of course, federalism can sometimes lead to disparities and injustices; those risks are real. But the solution isn’t simply to centralize power further. It’s about establishing a more effective partnership. The federal government should safeguard rights and promote equity, while states cater to the distinct needs of their communities.
Utah exemplifies how to restore this balance. At the 2025 Legislative Conference, the passage of HB488 sought to expand the state’s federalist commission, funding outreach efforts that emphasize constitutional principles and rethinking the relationships between state and federal governments. This new law mandates that Utah agencies scrutinize federal actions to determine when overreach occurs.
Additionally, Utah plans to maintain dialogues with other states to explore further adjustments to the federal system. This movement goes beyond theory; it’s about taking action.
Utah’s initiatives are aimed at reinforcing systems that go beyond politics. Strong, equitable federalism not only curbs federal overreach and safeguards individual liberties but also promotes local creativity and sustains democracy. By increasing the number of representative governments capable of countering unconstitutional actions, federalism acts as a vital means to uphold democratic structures.
Notably, discussions surrounding federalism often reflect diverse opinions. Progressive scholars and leaders, like Heather Gelken, stress that federalism is frequently mischaracterized as merely a conservative principle. Meanwhile, California Governor Gavin Newsom has called federalism “the cornerstone of our democracy.”
As noted in NFIB v. Sebelius, Chief Justice John Roberts emphasized that states are independent sovereigns, and they sometimes need to act in that capacity.
That moment is here.
Restoring an appropriate balance between state and federal roles is challenging, requiring Washington to exercise restraint while states build their capabilities. Citizens need to stay informed and involved. Fortunately, the constitutional framework offers a solid foundation for growth. Increasing numbers of people are calling for change.
Federalism, as interpreted through the evolving constitution, doesn’t need to be a replica of the past; it can adapt to meet contemporary challenges and values.
The next chapter in the story of federalism will be written not in Washington, but rather in state legislatures, classrooms, and local communities.
