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Abstract: For many the constitutional concept of federalism 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. Fluctuations are a constant in U.S. constitutional jurisprudence as federal and state governments regularly clash over their actual or prospective authorities. Yet the foundations of federalism 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 structural constitutional principle. Historical and contemporary 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.
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