and increases the accountability of elected government officials to citizens. 262, 311 (1932) (Brandeis, J., dissenting) ( It is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory and try novel social and economic experiments without risk to the rest of the country.). including that it allows individual states to experiment with novel government programs as laboratories of democracy 5 Footnote See generally Erwin Chemerinsky, Constitutional Law: Principles and Policies 127 (4th ed. Justices and scholars have noted that federalism has other advantages, 4 Footnote
549, 576 (1995) (Kennedy, J., concurring) ( Though on the surface the idea may seem counterintuitive, it was the insight of the Framers that freedom was enhanced by the creation of two governments, not one.). When government acts in excess of its lawful powers, that liberty is at stake.) United States v. 211, 222 (2011) ( By denying any one government complete jurisdiction over all the concerns of public life, federalism protects the liberty of the individual from arbitrary power. Although the Framers' sought to preserve liberty by diffusing power, 3 Footnoteīond v. 598, 618 (2000) ( Indeed, we can think of no better example of the police power, which the Founders denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims.). Those which are to remain in the State governments are numerous and indefinite.). 45 (James Madison) ( The powers delegated by the proposed Constitution to the federal government are few and defined.
By allocating power among state and federal governments, the Framers sought to establish a unified national government of limited powers while maintaining a distinct sphere of autonomy in which state governments could exercise a general police power. that our cases have recognized are those grounded in the relationship between the Federal Government and the States under our Constitution.). Another basic concept embodied in the Constitution is federalism, which refers to the division and sharing of power between the national and state governments.
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