Another Reason to Care about the Super Bowl

On Sunday, February 2, the Denver Broncos will face the Seattle Seahawks in Super Bowl XLVIII.  Future Hall of Famers, terrific offense and dominant defense aside, this Super Bowl is enticing for another slightly more controversial reason:  Colorado and Washington, the homes of the two teams, are the only two states in the United States where marijuana is legal, despite a federal prohibition against marijuana.  The situation is murky at best and raises question about federalism – or the relationship between the federal government, and the state and local governments across the United States. 

           

Federalism, at the most fundamental level, is a system of government wherein other government entities exist below the national level.  A unique element of the U.S. federal system is the method in which powers are shared between the national government and the states, who in turn share powers with local governments.  Some powers are expressly given to the federal government, such as the ability to maintain a national armed service. Others are reserved for the states, like gambling laws.  The result is a system of government that invites cooperation and dissent, flexibility and ubiquity.  Ultimately, our federal system is confusing, but does it make sense?

I argue it does.  Federalism might be messy, but it’s effective.  Take the national uproar over Obamacare.  As soon as President Obama put down his pen, states and businesses were mounting their legal assault on the monumental law.  The legal battle wasn’t resolved until Chief Justice John Roberts issued an opinion upholding the central tenants of Obamacare, at the same time giving states the opportunity to “opt-in” on the Medicaid expansion portion of the law.  Naturally, many “red” states opted out.  At the heart of Obamacare is the federal government’s “supremacy.”  We know the Constitution is the supreme law of the land, but it never mentions health care.  Rather, the 10^th Amendment seems to imply health care is given to the states.  Obamacare, and the Court’s decision, are an example of the messiness of a federal system.  Things can seemingly exist on the federal level, but may be altered by the states.  With such a controversial law, giving the decision to a level closer to the people is a positive.

Federalism in the United States is also necessary to ensure the protection of the rights we believe to be “self-evident.”  Our Constitution is flexible and several rights have been added via amendment, although these amendments are often difficult to interpret.  For instance, the 14^th Amendment contains the Equal Protection Clause, which requires each state to provide enforce the law equally for all citizen.  This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that began the systematic desegregation of American schools.  The Brown decision was necessary because states across the nation kept schools racially segregated despite federal law demanding the opposite.  The lesson of Brown is that the federal government must, at times, intrude on state practices to ensure Constitutional rights.  Today, abortion issues exist at the intersection of state’s rights and federal jurisprudence; and abortion issues will continue until the federal government decides to uphold one national standard, or pass the issue completely to the states. 

Marijuana, school segregation and abortion each represent aspects of federalism’s largest advantage:  the opportunity for states to experiment with governance.  America’s “laboratory of government” is a brilliant concept.  Under our federal system, states are afforded the chance to enact and execute laws and policies they believe to be in the best interest of their citizens (thanks to the 10^th Amendment).  Under the leadership of Republican governor Mitt Romney, Massachusetts enacted a near-universal health care system that served as the inspiration for Obamacare.  Today, North Carolina has enacted draconian cuts to education, and while deeply unpopular, the state is afforded the chance by our uniquely American system of government. 

Federalism - it’s messy, yet effective.  It is necessary to protect our rights and is the single greatest opportunity for state innovation.  Federalism may not be a perfect system, but it is our system, and it makes perfect sense.  And without it, we wouldn’t have the chance to watch the Super “Marijuana-Bowl” this Sunday.