Whether Justice Kennedy is correct in claiming that "federalism" enhances individual freedom is debatable. Often the federal government simply intrudes into new areas without any regard for state government. But there are times when the tradition of state government -- which precedes the U.S. Constitution and the creation of the United States -- does seem to protect liberty and freedom. An example is homeschooling, which is within the exclusive domain of state government. Congress respects the role of the states and thus has not not tried to regulate homeschooling. When New Jersey tried to require homeschoolers to take the same tests that are given in public schools, a federal law requiring withholding of federal money from states that do that became an obstacle. New Jersey public school teachers gave up on its plan because they did not want to lose the federal money. The result was more freedom for homeschooling, due to the federalism. | Whether Justice Kennedy is correct in claiming that "federalism" enhances individual freedom is debatable. Often the federal government simply intrudes into new areas without any regard for state government. But there are times when the tradition of state government -- which precedes the U.S. Constitution and the creation of the United States -- does seem to protect liberty and freedom. An example is homeschooling, which is within the exclusive domain of state government. Congress respects the role of the states and thus has not not tried to regulate homeschooling. When New Jersey tried to require homeschoolers to take the same tests that are given in public schools, a federal law requiring withholding of federal money from states that do that became an obstacle. New Jersey public school teachers gave up on its plan because they did not want to lose the federal money. The result was more freedom for homeschooling, due to the federalism. |