The transition from a relatively federal to a relatively centralized
constitutional structure in the United States has often been identified
with the shift from classical to welfare liberalism as a matter of public
philosophy. This article argues against that distinction. The liberal
argument for federalism is a contingent one, built on approximations,
counterbalancing, and political power. A more federalist constitution is
not automatically a freer one on classical liberal understandings of
freedom. Neither is a more centralized constitution automatically a better
match with the ideals of welfare liberalism. The article sketches a
constitutional history of federalism from the founding, through an era in
which centralization was aligned with skepticism about liberal
constitutionalism (for both meanings of liberal), to an era in which
centralization was aligned with increases in liberal freedom (for both
meanings of liberal).
Constitutional History of the United States from their Declaration of Independence to the Close of their Civil War