In the last week, President Donald Trump told reporters,"When somebody is the president of the United States, the authority is total." That claim, as many pointed out, contradicts the U.S. Constitution. While he later modified his claim, this was only the latest foray in the pandemic-prompted national discussion about federalism.
This conversation has touched on three myths about how the U.S.'s federal system operates. Let's examine each one in turn.
1) Federalism is not a code word for states' rights and ability to get things done.
Last week, many observers were applauding governors and chastising the federal government for inaction. In response, Nikki Haley, a Republican and the former governor of South Carolina, suggested that citizens should pay less attention to the federal government and "look no further than the governors" to "save people's lives" and "keep the economy afloat."
But Haley is wrong when she suggests that governors can handle the pandemic and that "[o]ur Constitution has it right: Keep control and decision-making close to the people." In doing so, she promotes the outdated concept of dual federalism, which equated federalism with states' rights and states' ability to make effective policy on their own. The founders designed a system with a strong central government capable of coordinating state action. They did not intend states to meet national emergencies on their own. As John Jay wrote,"a good national government," with its capacity to unite and coordinate the states, is "necessary" to deter foreign invasion.
2) Nor does it just mean that states are insignificant.
Trump was touting a highly centralized conception of federalism to justify his claim that he had the authority to order states to reopen the economy, saying that the governors "can't do anything without the approval of the president of the United States."
While the president's comments startled observers, they do have precedent. The expansion of civil and political rights in the 1960s and 1970s created significant federal oversight over state policymaking, a period when the Supreme Court struck down many state regulations. Some were ready to pronounce federalism dead. But in the past two decades, states have again become consequential domestic policymakers in such efforts as opening marriage to same-sex couples.