Federalism — and democracy on the ropes

In the United States of America, federalism, a key aspect of its democracy, is on the ropes.

Recent events have revealed how the fundamental relationships and underpinning arrangements of American governance are being deliberately and systematically undermined.

Some of those same inclinations are now appearing in Canada. This is troubling because the ideals of federalism are critical to successful democratic systems.

Federalism is a carefully crafted and unique governance set of relationships, structures and arrangements outlined in an overriding constitution. Well-known examples are Canada, the U.K., the U.S., and Germany. Although they go by different names, the latter two being called republics, what they have in common is somewhat similar federal systems. And they all seem to be working reasonably well except for the U.S., where federalism is facing its greatest challenge in recent history.

Constitutional federalism imagines a unique division of authority and responsibilities, outlining those areas of social, economic and political life which fall to national governments, those which are deemed to be better served at the regional and local (states, provinces, municipalities) levels. Matters like international trade, national defence, food and drug safety standards and immigration tend to be the purview of federal governments. Health, law enforcement, transportation, infrastructure and post-secondary education and training are often shared between federal and regional governments. And K-12 education has traditionally been the been the responsibility of regional (state and province) and local jurisdictions.

The idea and ideal are that the various aspects of human affairs are best handled at the interconnection where implications are the most appropriate – that some matters require arm’s-length relationships while other require decisions be made as close as possible to those who will be affected by them. In all cases, there is an underlying assumption that powers and duties are best simultaneously divided but shared, and that all citizens must have access to, and have a right to knowledge about, the services and protections that various levels of government offer.

The federal system works well when national and regional governments act as checks on each other against cross-jurisdictional overreach, and when both are committed to a common goal. They also assume that the government at each level is functioning healthily. Finally, all forms of democracy also require reliable bureaucratic systems to enact decisions in a way that provide significant measures of predictability, stability and accountability. And all rely on impartial courts to provide resolutions to territorial disputes in line with their constitutions and the rule of law.

None of these conditions currently exists in the U.S., and there appears to be little hope and relief in sight for their restoration of either federalism or democracy.

These ideals are under unprecedented attack in the United States, translating into a direct attack on democracy itself.

Although it is virtually impossible to identify all the areas at risk, there are some very obvious ones. Under unrelenting attack with every executive order from the president, the constitutional safeguards outlining the checks and balances between the legislative and executive arms of government, and the federal government, state governments, the state governments and local authorities are collapsing. A politicized Supreme Court has mostly ceded its responsibility to the same president, enabling him to flaunt the rule of law.

The extremely polarized houses of Congress have regressed to simply validating virtually every action of the president’s, including his false declarations of national “states of emergency,” justifications for attacks on immigrants, other sovereign nations, and states that voted Democrat in the last election – a legitimization by default.

A mostly reliable bureaucracy has been co-opted by the president’s largely unqualified sycophantic managers, who have systematically removed health and food protections and environmental oversight and compromised the FBI and Homeland Security by weaponizing them. Instead of acting as mediating voices, they have joined his chorus of lies, conspiracies, insults and threats.

Once seen as a reliable leader in global democracy and human rights, the U.S. has now flouted international law and undermined global organizations like the United Nations, the World Health Organization, and the G20 and alienated its closest allies. The motto appears to be the ancient motto “might is right,” with no obligation to the others with whom they share this planet nor any gratitude for the material advantages with which the U.S. has been gifted by nature and mild government.

Our neighbours have lost their way, and we are not invulnerable when we think of the separatist inclinations of some of our fellow citizens and the inevitable conflicts between levels of government and within governments. Those disagreements approached with a respect for truth, difference and a will to the common good can make us stronger, more empathetic and more grateful. And we might be reminded that appeasement to would-be tyrants never works.

Now would be a good time for us as Canadians to acknowledge, be more respectful of and thankful for our own federal system, and encourage, like our former prime minister Stephen Harper, our political parties to put aside ideological differences for the sake of respectful and inclusive democratic citizenship.

John R. Wiens is dean emeritus at the faculty of education, University of Manitoba.