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1.8 Constitutional Interpretations of Federalism

7 min readjanuary 29, 2023

Annika Tekumulla

Annika Tekumulla

Riya Patel

Riya Patel

Annika Tekumulla

Annika Tekumulla

Riya Patel

Riya Patel

Federalism is the division of power between a central government and constituent political units, such as states in the US. The Constitution of the US defines the relationship between the national government and state governments and outlines the powers of each. The interpretation of the Constitution's provisions on federalism has been a source of debate and has shaped the balance of power between the federal government and the states.

Key Supreme Court cases, such as and , have established principles that have impacted the interpretation of federalism. The case confirmed the principle of , which states that federal law is supreme over state law in the event of a conflict, and confirmed the authority of the national government to use its in order to carry out its . limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce, helping to define the balance of power between the federal government and the states.

Together, these cases and other constitutional interpretations of federalism have shaped the ongoing debate over the balance of power between the national and state governments and serve as a reminder of the complex interplay between federal and state powers in the US.

Key Vocabulary

  • : A clause in the US Constitution that gives Congress the power to regulate commerce between states and with foreign nations.

  • : A system of government in which both the national and state governments exercise separate and distinct powers and responsibilities, with the national government responsible for some areas of governance and the states responsible for others.

  • : The powers specifically listed in the US Constitution that are granted to the national government.

  • : An amendment to the US Constitution that was added after the Civil War and prohibits states from denying any person "life, liberty, or property, without due process of law" and requires equal protection under the law.

  • : Powers that are inferred from the specific powers listed in the US Constitution, such as the power to charter a national bank, that are necessary for the federal government to carry out its effectively.

  • : A system of government in which the national and state governments work together to carry out shared responsibilities and duties, with the national government providing support and funding to the states.

Necessary and Proper Clause

The , also known as the Elastic Clause, is found in Article I, Section 8 of the US Constitution and gives Congress the authority to make laws that are "necessary and proper" for carrying out its . This clause has allowed Congress to pass laws that are not explicitly stated in the Constitution but are deemed necessary to carry out its responsibilities. The Supreme Court has interpreted this clause broadly, giving Congress significant discretion in determining what laws are necessary and proper.

However, this interpretation has also led to ongoing debates over the balance of power between the national and state governments, as some argue that the has been used to expand the power of the federal government beyond what was originally intended.

Example

Example: The federal government enacts a law creating a national park system to protect and preserve natural and cultural resources. This law gives the the authority to regulate activities within the parks, including hunting, fishing, and camping. The is used to justify this law, as the power to create and regulate national parks is considered "necessary and proper" to carry out the powers granted to the federal government under the Constitution, such as the power to regulate commerce and to own and manage federal lands.

Amendments

The powers of the national and state governments are further defined and debated in the Tenth and Fourteenth Amendments of the US Constitution.

Tenth

The to the US Constitution states that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people. This amendment serves as a reminder of the limited powers of the federal government and reinforces the idea of federalism, where powers are divided between the national and state governments.

Example

Example: A state passes a law legalizing marijuana for medicinal use, which conflicts with federal drug laws that prohibit the drug. The federal government sues the state, but the state argues that the gives them the right to regulate medical practices within their borders.

Fourteenth

The , on the other hand, addresses the balance of power between the national and state governments in a different way. It ensures that citizens have equal protection under the law, regardless of what state they live in, and that the national government can intervene when states are denying citizens their rights. This amendment has been used by the Supreme Court to strike down state laws that violate individual liberties and to expand federal power in areas such as voting rights and discrimination.

Example

Example: A city passes a law requiring all businesses to close on Sundays for religious reasons, but a group of non-religious business owners argue that the law violates their rights to freely exercise their religion or non-religion. The business owners sue the city, alleging a violation of the 's equal protection clause.

Together, the Tenth and Fourteenth Amendments provide a framework for understanding the balance of power between the national and state governments in the US and continue to shape the ongoing debate over the proper role of government in protecting individual rights and preserving federalism.

Supreme Court Cases

The Supreme Court cases of (1819) and United States v. Lopez (1995) are considered important landmarks in understanding the balance of power between the states and the national government in the US.

was a case that dealt with the interpretation of the of the US Constitution, which gives Congress the power to make all laws "necessary and proper" to carry out its powers. The case challenged the constitutionality of the and dealt with the power of the states to tax a federal institution. The Supreme Court ruled in favor of the national government, establishing the principle that the national government has broad, to carry out its functions.

As for United States v. Lopez, as previously mentioned, the Supreme Court's decision limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce. This decision marked a shift in the interpretation of the and helped define the balance of power between the states and the national government.

Both of these cases have had a lasting impact on the understanding of the balance of power between the states and the national government in the US and continue to shape the interpretation of the Constitution.

McCulloch v. Maryland

(1819) was a landmark Supreme Court case that confirmed the principle of and established the authority of the national government to use its .

In the case, the state of Maryland attempted to tax the Bank of the United States, which was chartered by Congress. The Supreme Court ruled that this tax was unconstitutional because it impeded on the power of the federal government to carry out its duties.

The decision in was significant because it strengthened the power of the national government and confirmed the principle of . It confirmed that Congress has , in addition to its , to carry out its responsibilities effectively and established that federal law is supreme over state law in the event of a conflict.

This case has had lasting implications for the balance of power between the national and state governments and continues to be cited in modern legal debates over the scope of federal power. It is considered a key decision in American legal history and has helped define the balance of power between the federal government and the states.

US v. Lopez

(1995) was a landmark Supreme Court case that dealt with the scope of the in the US Constitution. The gives Congress the power to regulate commerce between states and with foreign nations. In this case, the federal government had enacted the , which made it illegal to possess a firearm in a school zone.

The defendant, Alfonso Lopez, Jr., was charged with violating the act after he brought a handgun to school. He argued that the act was unconstitutional because it exceeded Congress' power under the . The Supreme Court agreed and ruled that the act did not have a substantial effect on interstate commerce and thus was beyond the scope of the .

The decision in was important because it marked a shift in the interpretation of the and limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce. This case established the principle that there are limits to the and helped define the balance of power between the federal government and the states.

🎥 Watch: AP GOPO - Types of Federalism

Key Terms to Review (15)

Alfonso Lopez Jr.

: Alfonso Lopez Jr. was involved in an important Supreme Court case (United States v. Lopez) where he challenged his conviction for carrying a gun into school under a federal statute - The Gun-Free School Zones Act of 1990.

Commerce Clause

: A provision of the U.S. Constitution (Article I, Section 8) that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes.

Cooperative Federalism

: This is a concept where national and state governments share responsibilities within certain areas rather than having distinct domains.

Dual Federalism

: Dual federalism is a system where the powers of the federal government and state governments are clearly distinguished and operate over separate spheres of influence, with neither having authority over the other.

Enumerated Powers

: Enumerated powers are specific authorities granted to Congress as outlined in Article I, Section 8 of the U.S. Constitution.

Federal Supremacy

: Federal supremacy refers to the idea in U.S. law that federal laws, treaties, and executive agreements are superior to state law.

Fourteenth Amendment

: The Fourteenth Amendment is a part of the U.S. Constitution that guarantees equal protection under the law and extends citizenship rights.

Gun-Free School Zones Act

: Passed in 1990, the Gun-Free School Zones Act is a federal law that prohibits any unauthorized individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

Implied Powers

: These are powers not explicitly stated in the Constitution but are inferred as necessary to fulfill the duties of the federal government.

McCulloch v. Maryland

: A landmark Supreme Court case from 1819 that established two important principles in constitutional law. First, the Constitution grants Congress implied powers for implementing the Constitution's express powers, and second, state action may not impede valid constitutional exercises of power by the Federal government.

National Park Service

: The National Park Service is a federal agency responsible for managing and preserving national parks, monuments, and other historical properties with particular natural, scenic, or historic value.

Necessary and Proper Clause

: The Necessary and Proper Clause, also known as the Elastic Clause, is a section of the U.S. Constitution that allows Congress to make laws that are necessary for carrying out its other powers.

Second Bank of the United States

: The Second Bank of the United States was chartered in 1816 with an aim to stabilize currency and state banks, following economic instability after War of 1812. It was controversial due to its significant influence over nation's economy and ended in 1836.

Tenth Amendment

: The Tenth Amendment is a part of the United States Constitution that essentially says any power not given to the federal government is given to the people or the states.

US v. Lopez

: A 1995 Supreme Court case which held that Congress had exceeded its commerce clause power by prohibiting guns in school zones; it was an instance where judicial review was used to limit congressional power.

1.8 Constitutional Interpretations of Federalism

7 min readjanuary 29, 2023

Annika Tekumulla

Annika Tekumulla

Riya Patel

Riya Patel

Annika Tekumulla

Annika Tekumulla

Riya Patel

Riya Patel

Federalism is the division of power between a central government and constituent political units, such as states in the US. The Constitution of the US defines the relationship between the national government and state governments and outlines the powers of each. The interpretation of the Constitution's provisions on federalism has been a source of debate and has shaped the balance of power between the federal government and the states.

Key Supreme Court cases, such as and , have established principles that have impacted the interpretation of federalism. The case confirmed the principle of , which states that federal law is supreme over state law in the event of a conflict, and confirmed the authority of the national government to use its in order to carry out its . limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce, helping to define the balance of power between the federal government and the states.

Together, these cases and other constitutional interpretations of federalism have shaped the ongoing debate over the balance of power between the national and state governments and serve as a reminder of the complex interplay between federal and state powers in the US.

Key Vocabulary

  • : A clause in the US Constitution that gives Congress the power to regulate commerce between states and with foreign nations.

  • : A system of government in which both the national and state governments exercise separate and distinct powers and responsibilities, with the national government responsible for some areas of governance and the states responsible for others.

  • : The powers specifically listed in the US Constitution that are granted to the national government.

  • : An amendment to the US Constitution that was added after the Civil War and prohibits states from denying any person "life, liberty, or property, without due process of law" and requires equal protection under the law.

  • : Powers that are inferred from the specific powers listed in the US Constitution, such as the power to charter a national bank, that are necessary for the federal government to carry out its effectively.

  • : A system of government in which the national and state governments work together to carry out shared responsibilities and duties, with the national government providing support and funding to the states.

Necessary and Proper Clause

The , also known as the Elastic Clause, is found in Article I, Section 8 of the US Constitution and gives Congress the authority to make laws that are "necessary and proper" for carrying out its . This clause has allowed Congress to pass laws that are not explicitly stated in the Constitution but are deemed necessary to carry out its responsibilities. The Supreme Court has interpreted this clause broadly, giving Congress significant discretion in determining what laws are necessary and proper.

However, this interpretation has also led to ongoing debates over the balance of power between the national and state governments, as some argue that the has been used to expand the power of the federal government beyond what was originally intended.

Example

Example: The federal government enacts a law creating a national park system to protect and preserve natural and cultural resources. This law gives the the authority to regulate activities within the parks, including hunting, fishing, and camping. The is used to justify this law, as the power to create and regulate national parks is considered "necessary and proper" to carry out the powers granted to the federal government under the Constitution, such as the power to regulate commerce and to own and manage federal lands.

Amendments

The powers of the national and state governments are further defined and debated in the Tenth and Fourteenth Amendments of the US Constitution.

Tenth

The to the US Constitution states that powers not delegated to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people. This amendment serves as a reminder of the limited powers of the federal government and reinforces the idea of federalism, where powers are divided between the national and state governments.

Example

Example: A state passes a law legalizing marijuana for medicinal use, which conflicts with federal drug laws that prohibit the drug. The federal government sues the state, but the state argues that the gives them the right to regulate medical practices within their borders.

Fourteenth

The , on the other hand, addresses the balance of power between the national and state governments in a different way. It ensures that citizens have equal protection under the law, regardless of what state they live in, and that the national government can intervene when states are denying citizens their rights. This amendment has been used by the Supreme Court to strike down state laws that violate individual liberties and to expand federal power in areas such as voting rights and discrimination.

Example

Example: A city passes a law requiring all businesses to close on Sundays for religious reasons, but a group of non-religious business owners argue that the law violates their rights to freely exercise their religion or non-religion. The business owners sue the city, alleging a violation of the 's equal protection clause.

Together, the Tenth and Fourteenth Amendments provide a framework for understanding the balance of power between the national and state governments in the US and continue to shape the ongoing debate over the proper role of government in protecting individual rights and preserving federalism.

Supreme Court Cases

The Supreme Court cases of (1819) and United States v. Lopez (1995) are considered important landmarks in understanding the balance of power between the states and the national government in the US.

was a case that dealt with the interpretation of the of the US Constitution, which gives Congress the power to make all laws "necessary and proper" to carry out its powers. The case challenged the constitutionality of the and dealt with the power of the states to tax a federal institution. The Supreme Court ruled in favor of the national government, establishing the principle that the national government has broad, to carry out its functions.

As for United States v. Lopez, as previously mentioned, the Supreme Court's decision limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce. This decision marked a shift in the interpretation of the and helped define the balance of power between the states and the national government.

Both of these cases have had a lasting impact on the understanding of the balance of power between the states and the national government in the US and continue to shape the interpretation of the Constitution.

McCulloch v. Maryland

(1819) was a landmark Supreme Court case that confirmed the principle of and established the authority of the national government to use its .

In the case, the state of Maryland attempted to tax the Bank of the United States, which was chartered by Congress. The Supreme Court ruled that this tax was unconstitutional because it impeded on the power of the federal government to carry out its duties.

The decision in was significant because it strengthened the power of the national government and confirmed the principle of . It confirmed that Congress has , in addition to its , to carry out its responsibilities effectively and established that federal law is supreme over state law in the event of a conflict.

This case has had lasting implications for the balance of power between the national and state governments and continues to be cited in modern legal debates over the scope of federal power. It is considered a key decision in American legal history and has helped define the balance of power between the federal government and the states.

US v. Lopez

(1995) was a landmark Supreme Court case that dealt with the scope of the in the US Constitution. The gives Congress the power to regulate commerce between states and with foreign nations. In this case, the federal government had enacted the , which made it illegal to possess a firearm in a school zone.

The defendant, Alfonso Lopez, Jr., was charged with violating the act after he brought a handgun to school. He argued that the act was unconstitutional because it exceeded Congress' power under the . The Supreme Court agreed and ruled that the act did not have a substantial effect on interstate commerce and thus was beyond the scope of the .

The decision in was important because it marked a shift in the interpretation of the and limited Congress' power to regulate non-economic activities that did not have a substantial effect on interstate commerce. This case established the principle that there are limits to the and helped define the balance of power between the federal government and the states.

🎥 Watch: AP GOPO - Types of Federalism

Key Terms to Review (15)

Alfonso Lopez Jr.

: Alfonso Lopez Jr. was involved in an important Supreme Court case (United States v. Lopez) where he challenged his conviction for carrying a gun into school under a federal statute - The Gun-Free School Zones Act of 1990.

Commerce Clause

: A provision of the U.S. Constitution (Article I, Section 8) that gives Congress exclusive power over trade activities among the states and with foreign countries and Indian tribes.

Cooperative Federalism

: This is a concept where national and state governments share responsibilities within certain areas rather than having distinct domains.

Dual Federalism

: Dual federalism is a system where the powers of the federal government and state governments are clearly distinguished and operate over separate spheres of influence, with neither having authority over the other.

Enumerated Powers

: Enumerated powers are specific authorities granted to Congress as outlined in Article I, Section 8 of the U.S. Constitution.

Federal Supremacy

: Federal supremacy refers to the idea in U.S. law that federal laws, treaties, and executive agreements are superior to state law.

Fourteenth Amendment

: The Fourteenth Amendment is a part of the U.S. Constitution that guarantees equal protection under the law and extends citizenship rights.

Gun-Free School Zones Act

: Passed in 1990, the Gun-Free School Zones Act is a federal law that prohibits any unauthorized individual from knowingly possessing a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

Implied Powers

: These are powers not explicitly stated in the Constitution but are inferred as necessary to fulfill the duties of the federal government.

McCulloch v. Maryland

: A landmark Supreme Court case from 1819 that established two important principles in constitutional law. First, the Constitution grants Congress implied powers for implementing the Constitution's express powers, and second, state action may not impede valid constitutional exercises of power by the Federal government.

National Park Service

: The National Park Service is a federal agency responsible for managing and preserving national parks, monuments, and other historical properties with particular natural, scenic, or historic value.

Necessary and Proper Clause

: The Necessary and Proper Clause, also known as the Elastic Clause, is a section of the U.S. Constitution that allows Congress to make laws that are necessary for carrying out its other powers.

Second Bank of the United States

: The Second Bank of the United States was chartered in 1816 with an aim to stabilize currency and state banks, following economic instability after War of 1812. It was controversial due to its significant influence over nation's economy and ended in 1836.

Tenth Amendment

: The Tenth Amendment is a part of the United States Constitution that essentially says any power not given to the federal government is given to the people or the states.

US v. Lopez

: A 1995 Supreme Court case which held that Congress had exceeded its commerce clause power by prohibiting guns in school zones; it was an instance where judicial review was used to limit congressional power.


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AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.


© 2024 Fiveable Inc. All rights reserved.

AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.