Revitalizing Federalism: A Brownsonian Prescription for Preserving National Unity Amidst Growing Diversity

Abstract

Historically, the United States has achieved a relatively high degree of political stability. The reason: the Federal Constitution provides a complex architecture that checks and divides political power and compels compromise. In A Constitution in Full: Recovering the Unwritten Foundation of American Liberty, Richard Reinsch and Peter Augustine Lawler recommend the work of Orestes Augustus Brownson, a Civil War era theorist, to properly interpret the genius of this unique American constitutional order. In The American Republic (1865), Brownson emphasized that America’s written constitution is rooted in its unwritten constitution; the habits, customs, and sentiments of the people. The Founders’ federal division of authority between the nation’s general government and the particular governments of the states simultaneously recognized Americans’ national unity and genuine diversity. Today, that diversity—racial, religious, ethnic—is even more granular. In accommodating that diversity, a revitalized federalism would return greater power to the people of the states over domestic policies. This would not only regenerate democratic decision-making, but would also help to reduce the political polarization by allowing policy outcomes suitable to diverse communities.