As the federal government has expanded, so too have our problems. Americans are increasingly concerned with the rising cost of living, poor educational outcomes, and diminishing economic opportunities—once a staple of American life. Meanwhile, unelected bureaucrats in Washington, DC, consistently fail to address the needs of families across the country.
Increasingly, more people say they trust their state and local governments to respond to their needs. State and local governments are closer to the American people and can tailor policies to meet the unique needs of their communities. However, returning power to the states is no simple task.
Leading this effort is State Policy Network’s Center for Practical Federalism (CPF). The Center partners with state and local lawmakers to give them the tools they need to enforce our nation’s system of federalism—where some authority belongs to the national government, but much more resides with states, communities, and the American people.
Thanks to partners across the Network and our generous supporters, the Center for Practical Federalism made significant progress this year. This includes passing landmark transparency legislation in Tennessee, halting a harmful Department of Labor regulation, and providing state lawmakers with tools and resources to counter federal overreach. Below are some of the highlights from the year.
A key priority for CPF is educating state policymakers about the problems with federal guidance, a practice used by federal agencies to enforce rules without proper approval or oversight. Federal agencies create guidance documents to help state policymakers understand complex federal laws.
Guidance doesn’t have the force of law though—it’s meant to explain the law. Sometimes, however, agencies go beyond clarification, using guidance to create new rules that have no statutory authorization. Because many state and local leaders don’t realize this, they often mistake guidance for law and comply with it without question.
CPF traveled across the country to inform state lawmakers about this unconstitutional practice, empowering them to challenge federal guidance that bypasses elected officials and undermines democracy.
Those efforts proved successful in April, when Tennessee legislators passed first-of-its-kind legislation requiring the Tennessee Department of Education to disclose all federal guidance it receives to state lawmakers. CPF’s Steve Johnson testified in support of the bill and wrote an op-ed in The Hill highlighting why the new Tennessee law is a groundbreaking win for transparency. In a piece for Governing, CPF’s Tony Woodlief commended Tennessee’s new policy and encouraged other states to follow suit. He noted: “What Tennessee has done is a good start, and hopefully more states will require more of their agencies to do the same. Equipped with awareness that guidance is not binding, and with visibility on the guidance state and local entities are being asked to follow, state lawmakers can choose whether to go along or push back. The people’s elected representatives can have a say.”
The win in Tennessee was made possible, in part, by CPF’s new guidance website, which explains what guidance is, how it works, and the ways in which the practice can undermine the will of the American people. The website features resources that equip state and local leaders to take a stand against illegal federal guidance, including a video that clearly demonstrates why unauthorized guidance is a threat to democracy.
Another resource is the Guidance Tracker, a tool that highlights the most recent guidance from federal agencies that pose the greatest threat to state and local self-governance. The Tracker helps lawmakers identify instances of illegal rulemaking. This effort is significant given that more than 100,000 pieces of guidance exist, but most are not easily found online. The Guidance Tracker allows state policymakers to easily access guidance documents from the federal government.
In addition to raising concerns about unauthorized federal guidance, the Center for Practical Federalism also offered advice to Elon Musk’s and Vivek Ramaswamy’s Department of Government Efficiency (DOGE) initiative to cut costs and streamline the federal government.
On November 20, Musk and Ramaswamy penned an op-ed in The Wall Street Journal detailing their plans. Jennifer Butler, a Senior Policy Advisor for CPF, responded to Musk and Ramaswamy in a Letter to the Editor that was published by The Wall Street Journal. Butler commended the two for their efforts but points out their approach doesn’t leverage a vital tool—federalism. Butler expanded on this point in an op-ed for Governing, noting that DOGE can work by devolving authority to state governments. “The way to make the federal government more efficient on a permanent basis is not one-time cuts but devolving authority over many programs to state governments,” writes Butler.
In December, the Center for Practical Federalism released the 2024 Federalism Scorecard—a report that ranks all 50 states on their ability to resist federal overreach. The Scorecard highlights states that empower elected officials over unelected bureaucrats to govern their states—offering a roadmap for protecting self-governance and resisting unconstitutional federal overreach. The Scorecard includes specific ways for states tocurb federal influence.
As DOGE continues to generate conversations about streamlining government, this report offers a complementary strategy for reducing government waste and restoring accountability.
The Wall Street Journal’s Kimberly Strassel featured the report in her weekly newsletter, and the CPF team will continue to share this important tool with policymakers and the media in 2025.
The Center for Practical Federalism team was also involved in the effort to halt a Department of Labor rule on the registered apprenticeship program. In March, the team coordinated a public comment on behalf of a coalition of 29 state/local officials from 16 states in response to the proposed rule that would impose one-size-fits all mandates on states that administer apprenticeship programs.
This proposed regulation would have effectively nationalized apprenticeship programs at a time when states are becoming more creative in using these programs to train more skilled workers. At the end of November, the Department of Labor withdrew the proposed apprenticeship rule. While we won’t know why DOL chose to withdraw the proposed rule, we do know that this type of action taken by federalism heroes is an important component in reigning in these federal agencies, especially since only 2,200 comments were submitted to the record, a low amount for public comments.
American Habits, a project of the Center for Practical Federalism, continued to share timely and engaging content on the importance of federalism and its impact on achieving a more authentic self-governing society. Led by Ray Nothstine, American Habits highlights what’s possible and what can be accomplished through local and state governance—where the people have a much greater say in the decision-making process of their representatives.
One key piece of content is an interview with Kentucky Secretary of State Michael Adams who is the most recent JFK Profiles in Courage Award recipient. Sec. Adams reveals how leadership is used not to merely bend to popular sentiment but to take political risks so that election security and voting access are improved for Kentuckians.
Launched in 2023, American Habits has about 80 contributors that include representatives from state and local government, think tanks, academia, law, clergy, and media.
This year, American Habits featured articles on the state of the media, the meaning of federalism and democracy, voting and elections, and policy solutions for the newly elected. For 2025, the number of issues will increase with a commitment to continue expanding their audience, particularly those key decision makers that implement reforms.
DOGE Can Work by Sending Power to the States
Jennifer Butler in Governing | December 6, 2024
Readers Offer Advice to Musk and Ramaswamy
Jennifer Butler in The Wall Street Journal | November 24, 2024
How This Election Could Strengthen Federalism—Whoever Wins
Ray Nothstine in National Review | November 3, 2024
How to Stop Worrying About Presidential Elections and Learn to Love Federalism
Tony Woodlief in the Washington Examiner | November 2, 2024
Helene’s Devastation a Reminder that Neighbors are Key in a Crisis
Ray Nothstine in the Washington Examiner | October 5, 2024
Tennessee Legislators Score a Groundbreaking Win for Transparency
Steve Johnson in The Hill | May 9, 2024
Avoiding the Tyranny of Federal ‘Guidance’
Tony Woodlief in Governing | April 26, 2024
Saving ‘Our Democracy’ Requires Restoring Federalism
Ray Nothstine in National Review | April 6, 2024
The Case for Meaningful Public University Oversight
Ray Nothstine at Governing | January 31, 2024
