Federalism and Liberty: Reaching Constitutional Accord.

For many the constitutional concept offederalism in the United States centers on how federal and state governmental powers are purposefully divided via the Tenth Amendment (and other provisions) to balance intergovernmental authorities. Though easily conceptualized, applications of traditional notions of federalism are perplexing. Fluctuationsa re a constant in U.S. constitutionajl urisprudencea s federal and state governments regularly clash over their actual or prospective authorities. Yet the foundations offederalism run far deeper. Consistent with the Constitution's cohesive design, federalism implications arise repeatedly in rights-based determinations, most notably entailing liberty interests. Questions surface over the exact purpose of federalism as a structuralc onstitutionalp rinciple. Historicala ndc ontemporary guidance tends to focus on its role as a stabilizing factor undergirding levels of government. Federalism, however, is not solely about the stability of American government. Rather, it is about protecting and promoting Americans' individual liberties and freedoms. In line with this view arise opportunities to wield American federalism in direct promotion of individual liberties, instead of their rescission. [ABSTRACT FROM AUTHOR]