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Article Review: America and the Founding Assignment for Module 2: Week 2
Annotations
Thomas, C. (2000). Why federalism matters. Drake Law Review, 48(2), 231–238.
In his article, “Why Federalism Matters”, Thomas asserts that federalism plays a critical
and crucial role in establishing the political framework of the United States by maintaining a
balance of power between state governments and national governments. The thesis asserts that
federalism is indispensable to the functioning of a democratic society as it ensures a distribution
of power that protects individual freedoms. Thomas’ work suggests that the establishment of
federalism emphasizes three key areas: the protection of individual liberties, promotion of
diversity and the preservation of democracy.
Thomas argues that the decentralization of powers prevents the concentration of power in
a single entity. In doing so, the founding fathers established a system that effectively reduces the
potential for tyranny or abuse of authority. By this assertion, Thomas suggests that federalism
provides a safeguard for individual liberties by ensuring the dispersal of power among multiple
levels of government. Thomas continues by contending that federalism fosters diversity through
allowing states to experiment with policy. He asserts that through the autonomy granted to states,
each is enabled to uniquely tailor policies to meet the needs and desires of their specific
populations. In doing so, Thomas believes that federalism promotes innovation and adaptation in
governance. Thirdly, Thomas contends that federalism contributes to the preservation of
democracy by providing multiple veins for political representation and participation. He suggests
that democratic accountability and responsiveness is enhanced through citizens’ ability to engage
with government on various levels because of the separation of powers between national and
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state governments. Federalism’s role, bolstering democratic principles, helps safeguard
democratic values and ensures that the government remains accountable to the people.
Thomas provides a clear and concise argument throughout the article that federalism
plays a crucial role in establishing the political framework of the United States. Thomas presents
historical examples, constitutional provisions and scholarly interpretations to support his
arguments. He discusses landmark Supreme Court cases like McCulloch v Maryland and United
States v Lopez to demonstrate the practical implications of federalism. The article provides a
comprehensive analysis of federalism that draws on historical, legal and theoretical perspectives
and effectively argues for the importance of federalism in promoting democratic governance and
safeguarding individual freedoms. The article, however, could benefit from a more nuanced
discussion on the potential drawbacks associated with federalism and a comparative analysis of
other federalist nations.
Rubin, E. (2001). Puppy federalism and the blessings of America. The Annals of the
American Academy of Political and Social Science, 574(1), 37–51.
In his article “Puppy Federalism and the Blessings of America”, Rubin explores the
concept of “puppy federalism”, a term that describes a form of federalism characterized by an
overarching federal government that diminishes the autonomy of states. He argues that the trend
towards a centralized authority undermines the core principles of federalism spelled out in the
United States Constitution. Rubin posits that puppy federalism poses a threat to individual
freedoms and to American democracy, by concentrating power in the hands of the federal
government at the expense of states’ rights. Through legal precedents, historical examples and
theoretical arguments, Rubin supports his assertions to analyze the implications of centralized
power for democracy and individual freedoms.
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Major findings in Rubin’s article include the notion that puppy federalism represents a
trend towards a centralized authority that undermines the principles of federalism, and that the
erosion of federalism poses a threat to American democracy through the concentration of power
in the federal government which diminishes states’ rights. He contends that it is the collaboration
between federal and state governments that lead to more effective governance through the
sharing of resources, expertise and best practices. Rubin also argues that centralized authority
undermines the ability of states to respond to local needs which eliminates opportunity for
diversity and experimentation fostered by federalism. He continues to assert that “real federalism
is gone” as “America is a centralized administrative state” and that “we should focus our
attention on complex and important issues such as decentralization (49). Rubin concludes with
vying for a need for a theory that focuses on “what policies should be centralized” and “what
policies should be decentralized” and a framework that optimizes how a national government can
supervise the state governments.
One key strength in this article is Rubin’s introduction of a novel concept “puppy
federalism” harkening back to the familiar concept of puppy love to analyze the erosion of
federalism in American governance. Rubin effectively argues for that the contemporary view of
federalism in the United States is one that is ostensibly outdated due to the absence of past
concerns such as “lack of national unity”, “persistence of separatism” and “social and political
differences” (47). A glaring gap in Rubin’s assertion that federalism is no longer needed is that
while this assertion may have stood in 2001, the current political climate of the United States in
the era of Donald Trump illuminates a strong need for a system of checks and balances to
circumvent the impending tyranny of a United States president.
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Synthesis
Federalism, as established by the United States’ founders, remains a critical pillar in the
governance of contemporary American society. Its capacity to balance power, foster diversity
and innovation, protect individual liberties and promote responsive governance, highlights its
enduring relevance. Arguably, federalism is an indispensable component of the American
governmental system whose relevance shines greatly in the modern context. This year’s
presidential election cycle elucidates the importance of a system of checks and balances as the
nation reflects on the past two and current presidential election cycles. In the era of Former
President, Donald Trump’s bid for reelection, a man who increasingly spews authoritarian and
violent rhetoric, it is important more than ever to cling to the federalist principles set forth by the
nation’s founders (Colvin & Barrow, 2023).
Rubin (2001) argues that rather than federalism, what is needed today are theories about
what policies should and shouldn’t be centralized and an established away for national
government supervision. When this article was written, there was an argument he would be
correct. Since the United States Civil War (1861-1865), there has not been a large uprising in
states’ desire to rebel against the nation, but rather an inherent compliance to cooperating with
the federal government working alongside one another harmoniously. However, in 2024, there is
arguably a need for federalism to remain intact and checks and balances to remain in place as the
threat of political tyranny looms as the Presidential election approaches.
In the midst of Donald Trump’s candidacy for president, the enduring relevance of federalism is
particularly evident. Federalism, as articulated by Rubin (2001) and Thomas (2000) continues to
play a critical role in preserving individual liberties, fostering responsive policymaking and
shaping governance. Former President Trump’s candidacy highlights debates on the role of the
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federal government and the distribution of power between federal and state authorities
(Thompson, et al., 2020). One key aspect of federalism highlighted by both Rubin (2001) and
Thomas (2000) is its role in balancing power between federal and state governments. Rubin’s
(2001) exploration of “puppy federalism” warns against the dangers of an overreaching federal
government and highlights the importance of preserving states’ autonomy. These conversations
illuminate why federalism’s ability to safeguard against the concentration of power in the hands
of a single authority is important (Thompson, et al., 2020). Federalism ensures that no single
entity can wield unchecked power by dispersing authority across multiple levels of government
thus protecting individual liberties and preventing government overreach (Rubin, 2001).
Moreover, federalism fosters diversity, experimentation and innovation in policymaking as
highlighted by Thomas’ (2000) analysis. Decentralization provides states with opportunities to
innovate, test and refine policies that are tailored to their unique circumstances and preferences
that reflect a diversity of perspectives and interests. This system of checks and balances blocks
the usurping of states’ authority and autonomy by one person or branch of government
subsequently protecting individual rights. As such, this component of federalism is particularly
important during the Trump era as his candidacy has sparked political divides and a fear of
governmental overreach (Thompson, et al., 2020).
Furthermore, federalism enhances the responsiveness and adaptability of governance in times of
political transition or uncertainty. The decentralized nature of federalism allows states to respond
quickly to emerging challenges and changing circumstances complementing federal efforts.
Former President Trump’s 2016-2020 presidency and present candidacy for reelection has
brought about seismic shifts in political dynamics and policy priorities. Federalism, however,
has enabled states to navigate the changes and pursue policies that reflect the needs and
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preferences of their constituents. Additionally, federalism promotes cooperation and
coordination between federal and state authorities offering a more effective response to national
priorities and challenges.
Federalism also presents challenges its challenges in this modern context. Tension between
federal and state authorities can lead to conflicts over policy implementation and jurisdiction as
noted in debates over issues like immigration, healthcare, environmental regulation and
education (Thompson, et al., 2020). Likewise, the separation of authority under federalism can
impede efforts to address national challenges and priorities in a coordinated manner. In today’s
context, debates about the role of the federal government in issues such as economic inequality
and racial injustice necessitate a nuanced approach that intentionally balances the need for
coordinated action with the benefits of decentralization.
By offering a framework that balances power, fosters diversity and innovation and enhances the
responsiveness of governance, federalism remains a relevant and key component in the modern-
day American government. Rubin (2001) and Thomas’ (2000) works underscore the lasting
importance of federalism in preserving individual liberties and navigating political transitions.
As the United States grapples with the implications of Former President Trump’s potential
reelection and the challenges facing American democracy, federalism serves as a foundation for
governance that reflects the principles of accountability, responsiveness and cooperation.
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References
Colvin, J. & Barrow, B. (2023). Trump’s vow to only be a dictator on ‘day one’ follows growing
worry over his authoritarian rhetoric. Associated Press. https://apnews.com/article/trump-
hannity-dictator-authoritarian-presidential-election-f27e7e9d7c13fabbe3ae7dd7f1235c72
Rubin, E. (2001). Puppy federalism and the blessings of America. The Annals of the
American Academy of Political and Social Science, 574(1), 37–51.
Thomas, C. (2000). Why federalism matters. Drake Law Review, 48(2), 231–238.
Thompson, F. J., Wong, K.K., & Rabe, B.G. (2020). Trump, the administrative presidency, and
federalism. Brookings Institution Press.
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