In March, I gave a talk on “How Federalism Promotes Unity Through Diversity” at a panel that was part of the Federalist Society National Student Symposium. The Harvard Journal of Law and Public Policy asked me to convert the text into a short written article, which I was happy to do. It is now available for free download on SSRN. It will be published sometime in the next few weeks. Here is the abstract:
Does federalism promote unity? In one obvious sense, the answer is surely “no.” Federalism necessarily reduces unity because it leads to divergence on at least some policy areas. If there were no significant policy differences between the various state and local governments, then there would be little point in having federalism in the first place.
But the diversity federalism creates can also help promote unity, by reducing the conflict that arises when the federal government has the power to impose one-size-fits-all policies throughout the country. Decentralizing authority can mitigate that conflict. It can also empower people to make better choices by “voting with their feet.” As a result, more…
