In each of those cases, minority rulewhere national minorities constitute local majoritiesallows minorities to protect themselves rather than look to courts as their source of solace. If President Trump spends enough political capital, hell surely win some of his battles against blue cities and states. The call for progressive federalism is not a new one. SALON is registered in the U.S. Patent and Trademark Office as a trademark of Salon.com, LLC. Gay rights is one of those issues. and Prof. CB Bhattacharya of @PittCSB on 2/15 to learn a three-step pathway to integrate sustainab twitter.com/i/web/status/1, Philanthropy is at risk of perpetuating the bad acts that follow the common mental glitch of moral self-licensing. twitter.com/i/web/status/1, RT @LindiweMatlali: At the @schwabfound community meeting. well as state colleges and universities. This is not your fathers federalism. With a US federal government divided and unable to address key social problems, state and local government leaders have a critical role to play in fostering local social innovation. Its 2015 budget (excluding defense, Social Security, and mandatory spending obligations) was less than $600 billion. three million workers and a 2016 budget of Progressives have long leveraged local population concentrations into political power. They thus look to national power, particularly the First and Fourteenth Amendments, to protect racial minorities and dissenters from threats posed at the local level. It would be useful for progressives to recognize that fostering dissent involves not just the First Amendment, but federalism; not just minority rights, but minority rule. Both can help further equality and nurture dissent. That is why the term states rights is to this day a dog whistle for racists. actors. An emphasis on minority rule isnt intended to denigrate the importance of minority rights. problems addressed by federal programs will not Take climate change: From green building codes to cap-and-trade, the bulk of the work on the issue is being accomplished outside of Washington. For example, consider the response to the No Child Left Behind Act, perhaps the centerpiece of George W. Bushs domestic policy. Minority rule also lets dissenters engage in what political scientists term agenda setting. Its one of the most powerfuland volatiletools any minority enjoys. local governments, trusted by their citizens, The most obvious is that these institutions may be different from the racial enclaves of Jim Crow. Many of the best progressive ideas were born in cities and states, and social movements have long used state and local governments as testing grounds for their ideas. There are others ways in which minority rule can serve the same ends as minority rights. [1] Thats presumably why the Trump Administration is so panicked about so-called sanctuary cities. These municipalities have refused to assist with certain types of deportation efforts (for instance, instructing police not to ask about a persons immigration status). For example, we typically dont use the word dissent to describe San Franciscos decision to issue same-sex marriage licenses or the efforts of the Texas school board to rewrite its history curriculum. Colorado and Washington have already done so. Uncooperative federalism wont work for everything progressives care about. There are issues that matter quite a lot to people on the ground but never make it onto the national agenda because elites have no interest in debating them. Look at Brexit: identity-driven poiltics brings potentially serious economic disruption with an achieve progressive goals. Southern politicians claimed the federal government was exceeding its power, and they used states rights as a shield to deny black citizens basic rights, says Mack. We miss the possibility that there is an intermediary stage: empowerment. We miss the possibility that governance can be a vehicle for dissent. Watch on Professor Gerken outlined how federalism can be a very useful tool because it enables political minorities to implement important policy and legislative changes at the local and state level. As Heather Gerken, distinguished scholar of progressive federalism, argues, progressives can respond to President Trump and congressional gridlock by using the substantial powers of federalism both cooperatively to shape national policies, and uncooperatively to resist national policies at odds with progressive goals. Yet the people involved in these decisions subscribe to the same commitments as those whom we would in other contexts unthinkingly term dissenters. They simply dissented not through a blog or a protest or an editorial, but by offering a real-life instantiation of their views. The book is a tremendous blessing. But progressives would be foolish to treat cities and states as nothing more than enclaves sheltered from national policies they dont like. Unfortunately, the moment one mentions federalism many progressives stop listening. Minority rule, by contrast, pulls dissenters into the project of governance. The market We join de Tocqueville in celebrating the eccentric charms of local democracy, but our tastes in bureaucracy run with Weber: impersonal, rationalized, and hierarchical. The second is dialogueensuring a healthy amount of debate and disagreement within our democracy. This piece originally appeared on BillMoyers.com. Lenny Mendonca is co-founder and board chair of FUSE Corps, former senior fellow at the Presidio Institute, and former senior partner emeritus at McKinsey & Company. They fought for them, pushing reluctant national leaders to do the right thing. of government, there is strong agreement that philanthropists such as the Laura and John Two important Supreme Court decisionsboth supported by conservative justiceswill make it difficult for Republicans to carry out their defunding threat. The statistical integration model dominates here as well, albeit in a less explicit form. When dissenters have an opportunity to govern, however, they must figure out how to pour their arguments into a narrow policy space. Throughout history, both progressive and conservative federalism has beenopportunistic. has plummeted, annual Gallup polls show education, climate change, and health insurance. These states understood that action can grab headlines and shape debate in a way that protest alone simply cannot. This process built popular acceptance of same-sex marriage and explains why the Supreme Courts nationwide ruling in Obergefell v. Hodgesa decision that would surely have caused intense controversy before states started to actwas greeted enthusiastically by an overwhelming majority of Americans. But the shorthand the Times was using wasnt about school quality; it was about which group dominates the student body and the school committee. Without those local actors, the feds cannot enforce immigration law, implement environmental policy, build infrastructure, or prosecute drug offenses. Antimonopoly: A Master Narrative for Democracy. Cities can create spillovers, too. They can resist Washington overreach, shape national policies, and force the Republicans to compromise. Federalism and localism, in contrast, depend oneven glory inthe idea of minority rule. Indeed, much of the most important work on progressive issues started at the local level. We classify institutions as either diverse or segregated. The former is in all cases good, the latter in all cases bad. Progressives have lost the federal government and are seeing the merits of decentralized solutions to problems posed by Trumps policy proposals. The economic advantages associated with political power exerted a gravitational pull on outsiders, bringing them into the system and giving them a stake in its success. Thus, when racial minorities constitute statistical majorities, we call those institutions segregated and condemn them as such. Federalism in the Obama Administration. By Lenny Mendonca & Laura D. Tyson Like uncooperative federalism, spillovers are a form of agenda-settingthey force debate on issues Washington might want to avoid. You join up with the governmental unit that you think will be most favorable to your agenda.. If Trump and his allies want to enact national policy, they must build a national consensus. If progressives want to take a lesson from the conservative handbook, they will have to consider which parts of the equality projectreforming immigration, policing, sentencing, to give just a few examplesthey can directly advance. Progressives were right to worry about federalism in the past. And even national standards on fuel efficiency and the like have emerged largely as a result of states like California using their policy-making power to prod national regulators to move forward. The first is integrationensuring that our fractious polity remains a polity. In a federation, the self-governing status of the component states, as well as the division of power between them and the central . Think about the movement to bring religion into schools. at odds with progressive goals.2. capacity. Democracy: A Journal of Ideas, Inc. All right reserved. Decentralization gives political outliers one of the most important powers a dissenter can enjoythe power to force the majority to engage. laboratories of democracy, experimenting Some issues are highly salient to everyday people, which is precisely why those in power dont want to go anywhere near them. The language of states rights has an ugly history, invoked to shield slavery and Jim Crow. If rights are the only protections afforded to racial minorities and dissenters, we risk treating both groups merely as what Stanford Law Professor Pam Karlan calls objects of judicial solicitude rather than efficacious political actors in their own right.. While we fashion this as a progressive users guide, it could, in theory, work just as well for conservatives should they lose the presidency in 2020. They get a chance to get something done and to experience the need for compromise, as dissenting from the margins normally comes with the luxury of ideological purity. using the subnational governments in the US But we typically think of participation in highly idealistic and individualistic terms while ignoring crass concerns like who wins and who loses. Californias statute allows city and state officials to protect their residents from harms that a municipal ordinance or state law might not cure. Reproduction of material from any Salon pages without written permission is strictly prohibited. They force politicians to do their jobs, in other words. Finally, states and cities should remember that they have the power to set the agenda. Some early state and local battles were lost, but same-sex marriage proponents used those fights as staging grounds for organizing and debate. Those who favor it wax eloquent about the dignity associated with voice and participation. or local level is essential in such critical areas as of individual states to function as what US We often associate federalism with conservatism, but that's pure foolishness on our part. They were dissenting by deciding. But it also allows for uncooperative federalism: State and local officials can use their leverage over the feds to shape national policy. 2 The Rationale for Federalism During the next four years, many of the Presidents actions will be hard to counter. We are thus quite dubious about institutions that depart from statistical mirroring, including those where racial minorities dominate. Policies that require states and cities to run health and safety inspections as a prerequisite to federal action (in the housing voucher and environmental contexts, for example) are particularly susceptible to overcooperative federalism. For all Trumps bluster about repealing the Environmental Protection Agencys Clean Power Plan and other regulations, the rollback process may take years, if it happens at all. We'll send periodic reminders of what's new and what's coming. the delivery of federal programslinking billions The less obvious is that, viewed through the lens of federalism, we might imagine these sites as opportunities for empowering racial minorities rather than oppressing them. primary and secondary education systems as the start of a new era of progressive federalism more transparent and accountable delivery Progressives at the state and local level can influence policy simply by refusing to partner with the federal government.. Sign up for our print edition! One of the main focal points of Federalism is that it of decentralisation Federalism in the Constitution: Federalism can be found in a number of areas in the US Constitution. The federal government during the Obama Administration has been deeply engaged with states, perhaps more so than any time since the 1960s. officials. cities and other local governments. ------------------------------------------, The Department of Homeland Security (DHS), a stronger centralized government and a national bank, struck down the Medicaid expansion provision. Legal Culture By Anna Dorman June 6, 2022 Whenever Democrats face setbacks on a national level, the murmuring begins. They should remember the crucial lessons of the same-sex marriage movement: In the United States, change generally comes from the bottom, not from the top. to its functioning and to our better understanding of user needs. Critical distinctions get lost when we treat these issues as debates about segregation versus integration. to community-based programs and that programs Progressive nationalists have long worried that decentralized power needlessly fractures the national, exercising a centrifugal force on the polity. Or Politics can play an important role in promoting economic integration, and economics can play an important role in promoting political integration. There are several compelling rationales for a Built by Tierra Innovation. Democracy works better when the usual losers sometimes win and the usual winners sometimes lose. approach can encourage the local sourcing of programs. But they are making a mistake. The best definition Spending time and money to crack down on marijuana, for example, takes resources away from fights over immigration or climate change. Antimonopoly: A Master Narrative for Democracy. In the antebellum period, he points out, national power was biased in favor of slavery and the federal government imposed theFugitive Slave Act. progressive to federalism, my main point is that federalism doesn't have a political valence. our most important national policiessuch as It should come as no surprise that de Tocquevilles democracy fails to produce Webers bureaucracy. Prof Johanna Mair who is a walking, talking inspiration, a #SchwabFoundation boa, Five helpful charts from Chris Lise @NFF_news and Larry McGill of Ambit 360 explain the state of nonprofit finance twitter.com/i/web/status/1, New and in-depth explorations of solutions to social, environmental, or organizational problems, Perspectives on the print magazine issues from SSIR's editor-in-chief, Collections of articles on a single topic, funded by a sponsor, Copyright 2023 Stanford University. It helpfully shows the step-by-step progression of particular baptist thought across . It gives racial minorities the chance to shed the role of influencer or gadfly and stand in the shoes of the majority. The most important guarantors of racial equalitythe Fourteenth Amendment, the Civil Rights Act, the Voting Rights Actwere passed at the national level and resisted at the local level. In the early 1990s, Michigan and Wisconsin, led by Republican governors, used federal money to enact Welfare to Work schemes within the very welfare programs they sought to topple. Federalism of old involved states rights, a trump card to protect instances of local oppression. and private sectors, drawing and building on These days, state and local governments are often led by dissenters and racial minorities, the two groups progressives think have the most to fear from federalism. They now stand to stop Trump should he try to implement draconian deportation policies. A constitutional arrangement by which power is equally distributed between a central government and state governments. So it enacted a tax surcharge on all publicly traded companies whose CEOs are paid more than one hundred times its median worker. Finally, states can fill gaps in federal regulatory schemes by resisting programs from within. Although there are deep When Congress makes a law, it often lacks the resources to enforce it. Progressives also associate federalismand its less prominent companion, localism, which simply means decentralization within a statewith parochialism and the suppression of dissent. The third rationale is that it can enable a t. e. A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism ). rest of the country at risk.1 And states have the We should look to minority rule, not just minority rights, as we build a better democracy. Consider the way the debate over same-sex marriage has unfolded during the last decade. sector responsibilities, though they can play We have a firm sense of what integration or diversity looks like: a statistical mirror. Democracyis an independent organization. If enough cities do so, theyll affect inequality far beyond their borders. Copyright 2023 Salon.com, LLC. and working in cross-sectoral partnerships to But dissent matters to progressives even when they think they can build a majority for their positions. We may require new, even unexpected tools to combat discrimination before we reach genuine integration. Often, Washington Republicans wont bother to repeal a statute or undo a regulation, because doing so takes time and risks legal challenges. will state, city, and local leaders from the public Needless to say, though, the devil is in the details. The results of their experiments won over Bill Clinton and led to national welfare reform. 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