George Leef educates Forbes readers about an effort to get around federal restrictions on potentially life-saving — but unapproved — drug treatments.

The “Right to Try” movement operates at the state level. Once signed into law, the resulting statute allows patients with terminal illnesses access to drugs that are under development and show promise in clinical trials but may not receive FDA approval for years, if ever. As Olsen explains in her recent Wall Street Journal article, “To qualify, a treatment must have cleared the FDA’s Phase I safety trials and be in ongoing Phase II or III trials where dosing and efficacy are established. Once Phase I is complete and the manufacturer and physician agree to provide it, treatment can begin. No approval from Washington necessary.”

So far, 24 states have enacted Right to Try laws, in every instance with overwhelming bipartisan support. The only state where it has failed thus far is California. While the state legislature passed the bill, Governor Jerry Brown vetoed it on the grounds that the bill was unnecessary because the FDA already has a “compassionate use program.” Olsen replies that this program is not even close to solving the problem of restricted drug availability, and her book is chock full of examples showing that to be true.

Turning to state governments to solve (or at least ameliorate) a problem created by the federal government is an excellent lesson in the value of federalism.

In Federalist #28, Alexander Hamilton wrote, “If [the people’s] rights are invaded by either government, they can make use of the other as the instrument of redress.” Some people will probably object to this, contending that the Constitution makes federal law supreme. Yes, federal law is supreme, but only where the Constitution expressly creates federal authority. Nothing in the Constitution gives either Congress or the executive branch sole authority to declare whether Americans may use medicines (or anything else for that matter).

The Right to Try movement is a large step in the right direction – that is, restoring to Americans the freedom to make their own decisions.