How to restore public trust: Bring back federalism

The Hill

30-06-2025

Over the last century, federal power has concentrated steadily in the executive branch. Presidents now govern through executive orders, expansive regulatory frameworks, emergency declarations, and administrative actions that touch nearly every area of life. Meanwhile, Congress, the branch closest to the people, has grown more divided and less engaged in its constitutional responsibilities.
This wasn't the vision of the Founders. In a time of deep division, a key principle of our nation's founding quietly stands out as a potentially unifying force: federalism. The word might sound like an idea pulled from a dusty civics textbook, but the sharing of power between national and state governments is one of the most practical, time-tested tools we have to restore trust, encourage innovation, and preserve our democratic institutions.
Montesquieu, Locke, and America's founders were right: To prevent the abuse of power, power must be divided. This is done not only through separation of powers, but also by America's federal system of sovereign states. This isn't just political theory but a blueprint for balance.
Federalism isn't something we should wait on Washington to restore; states must take the lead — and we're doing just that in Utah.
The COVID-19 pandemic gave us a front-row seat to the benefits and challenges of federalism. While the federal government offered resources, it was governors and mayors who had to make the hard calls. States tried different approaches to everything from school closures to vaccine distribution. Some succeeded, some stumbled. But collectively, their actions demonstrated the value of letting local leaders respond to local needs.
That is the beauty of federalism: it lets states serve as testing grounds for new ideas. Utah has taken done this through creative Medicaid reforms. Colorado and Oregon have led the way on drug policy and environmental efforts. Florida and Texas have focused on economic growth through deregulation. These experiments offer real-world lessons from which other states can learn and act accordingly.
Just as important, federalism also reconnects people to the democratic process. When decisions are made closer to home, it's easier to engage and rebuild trust. In a time of fading confidence in national institutions, state and local governments offer a bridge to real, responsive leadership.
Some worry federalism could lead to inequality or injustice — and that risk is real. But the answer isn't more centralization; it's better partnerships. Federalism means the federal government protects rights, promotes fairness, and upholds the Constitution, while states meet the unique needs of their communities.
Utah is leading the way in restoring this balance. The 2025 legislative session brought the passage of HB488, a bold law that expands the state's Federalism Commission, builds public education programs around constitutional principles, and funds outreach efforts to rebalance state and federal roles and responsibilities. The new law ensures that Utah state agencies will now actively evaluate federal actions to identify when Washington has overstepped.
Utah will also host an ongoing dialogue with other states to explore what more can be done to rebalance our federal system. This isn't just theory—it's action.
Utah's efforts focus on restoring a structure that transcends politics. A robust, balanced, federalism not only limits federal overreach and protects individual liberty, but it also fosters local innovation and preserves democracy. By multiplying the number of representative governments that can resist unconstitutional excesses, federalism serves as an important means of preserving our democratic institutions.
In discussing federalism, progressive scholar and dean of Yale Law School, Heather Gerken, stated: 'My main goal is to convince people that federalism, which most people associate with conservatism, doesn't have a political valence.' And California's governor Gavin Newsom recently argued: 'Federalism is the cornerstone of our democracy. It's the United STATES of America.'
In NFIB v. Sebelius, U.S. Supreme Court Chief Justice John Roberts reminded us that 'the states are separate and independent sovereigns. Sometimes they have to act like it.'
That time is now.
Restoring balance in the roles of state and federal government won't be easy. Washington must show restraint. States must build capacity. Citizens must be informed and engaged. But the building blocks are already in place. The Constitution gives us the framework. And increasingly, the people are demanding change.
The Constitution's version of federalism is dynamic, which means the robust federalism we create today need not be a replica of what was, but it can be adapted to our modern circumstances, needs, and values.
The next chapter on federalism cannot be written in Washington. It must be crafted in statehouses, classrooms, and our communities.
Jason E. Thompson is an entrepreneur and public servant currently serving in the Utah House of Representatives and is a member of the Utah Federalism Commission. Troy E. Smith, Ph.D., is a fellow at the Center for the Study of Federalism, and Director of the Constitutional Federalism Initiative at the Center for Constitutional Studies at Utah Valley University.