Changes

Indeed, when the term "federalism" is used today, it is used to emphasize the importance of preserving the role for state governments, and for limiting the power of the federal (national) government in order to make room for the states.

Indeed, when the term "federalism" is used today, it is used to emphasize the importance of preserving the role for state governments, and for limiting the power of the federal (national) government in order to make room for the states.

Whether Justice Kennedy is correct about that remains 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 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 does not and probably could not pass a law to regulate homeschooling, and it remains free and unregulated in New Jersey and about ten other states.  And 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 if New Jersey did so became an obstacle.  New Jersey public school teachers gave up on its plan because they did not want to lose the federal money.

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.

So at least with respect to homeschooling, Justice Kennedy's observation seems correct:  "freedom was enhanced by the creation of two governments, not one."

So at least with respect to homeschooling, Justice Kennedy's observation seems correct:  "freedom was enhanced by the creation of two governments, not one."