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Judgment / August 3, 2026 / 10 min read

Why Washington Can't Know Enough: The Case for Devolution

Pick any Washington bureaucracy-the Department of Education, Health and Human Services, the EPA-and you will find the same cast of characters. Thousands of...

Pick any Washington bureaucracy-the Department of Education, Health and Human Services, the EPA-and you will find the same cast of characters. Thousands of bright, credentialed, well-intentioned people, surrounded by terabytes of data, working hard to manage the lives of 330 million souls from a single ZIP code. Every few months another five-hundred-page rule thuds onto the Federal Register, and every few years a new administration announces a comprehensive plan to fix what the last one broke. But almost no one in that humming hive of central planning ever stops to ask the question Friedrich Hayek posed in 1945 and that we still refuse to answer honestly. How do they know?

Not what do they intend, but what information do they actually possess about the specific, changing, irreducibly local circumstances of your town, your child's school, your doctor's office, your factory floor-knowledge that cannot be stuffed into a spreadsheet or a report to Congress. That question cuts to the heart of every central-planning impulse, and it explains why devolution-the genuine return of power to states, localities, and ultimately individuals-is not just a constitutional preference. It is an epistemological and economic imperative. This is the case for devolution you do not hear often enough: not a bumper-sticker slogan about states' rights, but a hard argument about the very nature of knowledge and what it takes to govern a free people well.

The Knowledge Problem Comes Home

Hayek's insight was as simple as it was devastating. In his essay "The Use of Knowledge in Society," he explained that the data a central planner would need to run an economy efficiently never exists in a single mind or a single database. Instead, the critical information is what he called "knowledge of the particular circumstances of time and place." It is the factory foreman who knows that Machine 7 is running hot this morning. The farmer who knows the lower field is too wet to plant today. The parent who knows her child learns better after a quiet reading period. No bureaucrat in Washington can ever possess that knowledge-not because he is lazy, but because it is structurally impossible. The price system, Hayek argued, communicates just enough of that dispersed information so that millions of strangers can coordinate without anyone having to know everything. It is a marvel of spontaneous order, and it works precisely because it does not require omniscience.

We instinctively grasp this for the economy. We do not want a central bureau deciding how many loaves of bread to bake, which fashions will sell next fall, or which startup deserves funding. Yet we tolerate, and often demand, precisely that kind of central control when it comes to schools, health care, land use, and a thousand other areas of daily life. The result is the same disaster Hayek predicted, only in slow motion: one-size-fits-all rules that fit no one, ever-expanding compliance costs, local ingenuity smothered by a blanket of federal uniformity, and a citizenry that feels less and less like the master of its own affairs.

Devolution is the institutional fix. Push decisions down to the level where the relevant knowledge lives-the state, the county, the family, the individual-and the people who know the circumstances can act on them. The central planner's ignorance, however well-intentioned, is taken out of the driver's seat. When a school board in Ohio decides what texts to assign, it can draw on the actual needs of its students, not on a national panel's abstract ideals. When a county health department designs a mental health program, it can match services to the real problems walking through its clinic doors, not to a distant grant rubric.

The Seen and Unseen of Centralized Rule

Henry Hazlitt taught in "Economics in One Lesson" that we must judge a policy by its effects on all groups over the long run, not just the visible benefit to one group at a moment. Apply that lens to centralized government and you see immediately why devolution matters. The seen benefit of a federal program is the ribbon-cutting, the grant announcement, the press release promising equity or access. The unseen cost is the vibrant landscape of local experimentation that never germinates because federal rules preempt it. That cost is enormous, and it hides in plain sight.

Take education. When Washington defines what a high-quality education looks like-through testing mandates, Common Core standards, or the latest administration's preferred curriculum-it extinguishes the very process by which communities discover what works for their own children. A teacher in rural Nebraska knows her students need more agricultural science and less of a benchmark designed for suburban Maryland, but the federal rule outranks her. The parent who could move her child to a better learning environment if she had control over the dollars is stuck. The unseen cost is that we never find out what a thousand different schools, free to innovate, might have produced. School choice programs in Florida and Arizona, where states devolved power to parents, generated measurable academic gains and diverse models that other states could observe and adapt. That is the hidden upside of letting a hundred flowers bloom.

Health care tells a similar story. The Affordable Care Act's essential health benefits mandate told every insurance plan in the country what it had to cover-maternity care, pediatric dental, mental health services-as though the needs of a 25-year-old single man in San Francisco were identical to those of a 55-year-old couple in Omaha. That one-size order drowned out the quiet market signals that would have revealed cheaper, more customized options. Before the federal wave crested, Indiana under Governor Mitch Daniels expanded coverage through health savings accounts tied to high-deductible plans, giving patients skin in the game and tailoring benefits to local preferences. Those models worked. Hoosiers had lower premiums and higher satisfaction, but the national rulebook largely bulldozed them.

Environmental regulation displays the same pattern. The EPA's Waters of the United States rule stretched federal jurisdiction over small streams and ditches on family farms, substituting a Washington desk officer's judgment for the farmer who knows how water actually flows on his own land. A Wyoming rancher and a Vermont dairy farmer face wildly different ecological and economic conditions, yet they get the same command. Devolution would let them craft solutions that fit their reality, with accountability resting with state officials who live downstream and breathe the local air. The principle is not that the environment does not matter. It is that local people, armed with their own knowledge and faced with the consequences of their choices, have better incentives to get it right than a distant agency with a universal playbook.

The most powerful exhibit in recent memory is welfare reform. In 1996, the federal entitlement Aid to Families with Dependent Children was converted into the Temporary Assistance for Needy Families block grant, giving states broad flexibility to design work requirements, time limits, and training programs. The results were striking: nationwide welfare caseloads plunged by over 60 percent within a decade, employment among single mothers shot up, and child poverty fell. States tried different approaches-Wisconsin's aggressive work-first model, Florida's emphasis on job placement, Texas's tighter time limits-and the competition among them sharpened what worked. That experiment, invisible before it happened, was the direct triumph of devolved knowledge over centralized blueprint.

The Constitutional Anchor

None of this, of course, should surprise anyone who has read the Constitution. The Founders designed a government of enumerated powers precisely to prevent distant authority from swallowing the whole of life. The Tenth Amendment is plain: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." James Madison, in Federalist No. 45, emphasized that the powers of the federal government are "few and defined," while those remaining with the states are "numerous and indefinite." The structure was not an afterthought. It was the main protection for liberty.

Justice Antonin Scalia, our era's great originalist, argued that the Constitution's structural limits-federalism, the separation of powers-are protections for individual freedom every bit as real as the Bill of Rights. When Congress drafts an education bill or a health‑care mandate, the proper first question is not "Is this a good idea?" but "Where in the Constitution do you get the authority?" The answer, in most cases, is nowhere. Devolution is not a policy novelty. It is a restoration of the architecture the Constitution already demands. It is the humility to say, We, the federal government, are not omniscient-and we were never meant to be.

Seen through the lens of Hayek's knowledge problem, the constitutional design makes profound functional sense. By dispersing power, the Founders ensured that decisions would be made closer to the source of the information needed to make them well. The distant Congress, no matter how many hearings it holds, cannot know the needs of every community. That is a feature, not a bug. It forces government to stay in its lane and leaves room for the spontaneous order of free people.

But Some States Will Get It Wrong

The predictable retort is: If we devolve power, some states will make terrible decisions. Yes. They will. And that is the point.

When a state or a county adopts a foolish policy, the damage is contained. Its consequences are visible, and neighboring jurisdictions watch, learn, and avoid. That is the competitive discovery process that Thomas Sowell describes in "Knowledge and Decisions"-the sorting of better ideas from worse through real-world feedback, not through the pronouncements of an expert panel. When Washington gets a policy wrong, the damage is nationwide, the feedback loop is broken, and the only fix is usually another layer of federal correction. The unseen cost of centralization is that we never get to see what thousands of communities might have invented on their own because the permission slip was never granted.

Look around. California's disastrous energy deregulation in the early 2000s scorched that state but did not spread to Texas, which pursued its own successful market design. High-tax states hemorrhage population to low-tax states-a kind of governance marketplace where people vote with their U‑Hauls. That sorting is not a crisis; it is a correction mechanism. The right answer to "some states will get it wrong" is not to let Washington make everything uniformly mediocre. It is to let states get it right in different ways and let people choose which approach suits them best.

And let us be clear: devolution does not mean a state may violate constitutional rights. The Bill of Rights, applied to the states by the Fourteenth Amendment, is the floor beneath which no government may sink. Devolution is not a license for local tyranny. It is a license for self-government within the constitutional order. That is what a republic is supposed to provide-liberty safeguarded by law, with most decisions made by the people closest to the consequences.

The Human Stakes

Strip away the theory, and you are left with actual people. The factory foreman who could cut a paperwork hurdle if the EPA rule were set regionally-he is a real man, and his plant might survive. The parents in rural Idaho whose child is forced through a curriculum designed by a committee in Massachusetts-their daughter will never meet those people, but those people are deciding what she reads and when. The single mother who climbed out of poverty because Wisconsin's welfare-to-work program was tailored to her city's job market-her life is the lede you miss when you insist that only Washington can care.

Liberty, at bottom, is not merely the absence of coercion. It is the room to act on the knowledge that only you possess-the specific, granular understanding of your own circumstances that no central authority can replicate. Milton Friedman often said that economic freedom is the foundation of political freedom, and one reason is that free people, making their own choices with their own knowledge, are far better problem-solvers than any bureaucracy. When the federal government announces, with typical self-assurance, that "we know what works," the honest reply is the one Hayek would give: No, you do not. And you cannot. A government that humbly devolves power respects the individual because it admits its own limits. It trusts the dispersed intelligence of free people more than it trusts the finest mind in the capital.

Our inheritance is a constitutional republic, not a giant democracy run from the center, and certainly not an administrative state that supposes it can plan the lives of 330 million from a single city on the Potomac. Devolution is the living expression of that inheritance. It is time we reclaimed it-not with the shouting of slogans but with the calm, clear conviction that the knowledge needed to govern a free country does not and cannot reside in any one place. It is scattered among us all, and the only governance that respects it is the governance that lets it be used. The Founders gave us a structure that understood human nature and the limits of knowledge. The case for devolution is, in the end, the case for trusting that structure-and trusting free people to run their own lives.