Federalism can provide solutions to pressing concerns like caring for individuals with disabilities

Constitutional scholar Yuval Levin gave an excellent keynote speech at the State Policy Network Annual Meeting last week. He described the federalist system of parallel state and federal governments, each with constitutional authority, that allows individual states to pursue different policies but remain unified. Levin explains: “Federalism limits the amount of uniformity that we need. It also functions as a release valve for intense national tensions.”

It is apt that SPN has an initiative called the Center for Practical Federalism. Federalism is eminently practical. Allowing a variety of jurisdictions to pursue different approaches to serious challenges can allow viable solutions to emerge.

An informative panel at the SPN event discussed one of these challenges: fulfilling our responsibility to care for some of the most vulnerable members of our communities. The panel was organized by Able Americans, a nonprofit that advocates “for policies that remove barriers, expand individual freedom and choice, and deliver better outcomes for people with disabilities and their caregivers.”

Its State Toolkit for Disability Reform argues that states can change a system in which “disability policy has been measured by whether people can access a program rather than whether that program helps them build a better life.” The report explains that states have the ability to prioritize services to those most in need, provide people with disabilities and their caregivers with greater control over the assistance they receive, “remove barriers to work, marriage, and saving,” combat fraud and waste, and simplify access to services.

A basic need is to audit state laws and policies to ensure that the large number of Americans who could benefit from services intended to aid those with disabilities are even aware of those resources.

For both better and worse, there are a multitude of issues that divide Americans. How can we ensure that majorities do not trample the rights of racial, religious, and ethnic minorities? How do we both assist and honor the dignity of people with disabilities and those who care for them? How can we protect our physical environment? How can we make housing affordable for young adults?

The solutions to concerns so persistent and perplexing will take time and multiple approaches to develop. Federalism provides a structure in which this process can productively proceed. It also ensures that these critical decisions can be made by representatives closest to the people who will be affected by them.

Crucially, the Constitution also provides a backstop to state experimentation, ensuring basic constitutional liberties and equal protection of the laws are respected.

Federalism is a remarkable system, a tremendous bequest from the Framers that continues to be vital in responding to the challenges we face. It can be the key to a humane and decent future.