Gabriel Mahia Systems · Power · Strategy

Federalism and Institutional Experimentation

American federalism is often described as a laboratory for policy experimentation. Whether it actually functions as one depends on conditions that are not always present.

The Laboratory Metaphor

Justice Brandeis's famous characterisation of the states as laboratories of democracy — spaces where policy experiments can be tested before being adopted nationally — captures a genuine feature of the federal system: the decentralisation of governance authority to fifty states allows policy variation that a fully centralised system would not permit, and that variation can generate the evidence about what works that the national system can then apply. The state-level cannabis legalisation experiments that preceded the national policy debate, the state health insurance exchange experiments that preceded the ACA, and the state minimum wage experiments that generated the evidence for federal minimum wage considerations are genuine examples of the laboratory function in operation.

The laboratory metaphor's limits are as real as its value. Policy experiments in the American federal system are not random assignments — they reflect the political conditions of specific states, which means that the states that experiment with progressive policies and the states that experiment with conservative policies are not comparable in ways that would allow their outcomes to be cleanly attributed to the policy rather than the pre-existing conditions. The evidence that state policy experiments generate is often not incorporated into national policy design in the systematic way that the laboratory metaphor implies. And the federalism that enables policy experimentation also enables the race-to-the-bottom dynamics in which states compete for economic activity by lowering labour, environmental, and tax standards — dynamics that the laboratory metaphor obscures.

Federalism functions as a policy laboratory when the conditions for learning from experimental variation are present: comparable states, measurable outcomes, and the institutional mechanisms for incorporating what is learned into national policy. When those conditions are absent — which is often — federalism functions as policy fragmentation rather than policy experimentation, producing the variation without the learning.

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