Constitutional Law I

🦢Constitutional Law I Unit 3 – Federalism: Federal vs. State Power Division

Federalism is the backbone of American governance, dividing power between national and state governments. This system allows for shared decision-making, checks and balances, and accommodation of diverse regional interests while promoting political stability and citizen participation. The concept has deep historical roots, from the Federalist Papers to the Constitutional Convention. Key provisions in the Constitution define federal and state powers, creating a delicate balance that continues to evolve through legislative action and Supreme Court decisions.

What's Federalism Anyway?

  • Federalism divides power between national and state governments
  • Allows for shared governance and decentralized decision-making
  • Provides checks and balances to prevent concentration of power
  • Enables states to serve as laboratories of democracy and innovation
  • Accommodates diverse regional interests and preferences
  • Facilitates citizen participation and government responsiveness at local levels
  • Enhances political stability by dispersing power and mitigating conflicts

Historical Roots of Federalism

  • Federalist Papers articulated rationale for federalism (Madison, Hamilton, Jay)
  • Articles of Confederation established weak central government and powerful states
  • Constitutional Convention of 1787 sought to balance state and national powers
  • Federalists advocated for stronger national government to address collective challenges
  • Anti-Federalists favored robust state autonomy and limited central authority
  • Great Compromise created bicameral legislature with representation for states and population
  • Bill of Rights added to assuage Anti-Federalist concerns and protect individual liberties

Key Constitutional Provisions

  • Article I, Section 8 enumerates specific powers granted to Congress
  • Article I, Section 10 prohibits certain state actions (coining money, impairing contracts)
  • Article IV, Section 1 requires states to give "full faith and credit" to each other's laws
  • Article VI establishes Constitution as "supreme law of the land" (Supremacy Clause)
  • Tenth Amendment reserves powers not delegated to federal government to states or people
  • Eleventh Amendment grants states sovereign immunity from certain lawsuits
  • Fourteenth Amendment prohibits states from denying due process and equal protection

Federal Powers: What Can They Do?

  • Regulate interstate and foreign commerce (Commerce Clause)
  • Levy taxes and spend for general welfare (Taxing and Spending Clause)
  • Establish uniform rules for naturalization and bankruptcies
  • Coin money and regulate its value
  • Establish post offices and postal roads
  • Grant patents and copyrights to promote progress of science and arts
  • Declare war, raise armies, and maintain a navy
  • Make laws "necessary and proper" to execute enumerated powers (Necessary and Proper Clause)

State Powers: What's Left for Them?

  • Police powers to protect public health, safety, and morals
  • Establish local governments and manage state affairs
  • Regulate intrastate commerce and business
  • Administer elections and determine voter qualifications
  • Provide public education and maintain schools
  • License professions and occupations within the state
  • Maintain state highways, parks, and other infrastructure
  • Ratify constitutional amendments and participate in federal elections

Shared Powers and Conflicts

  • Concurrent powers exercised by both federal and state governments (taxation, borrowing)
  • States can regulate in areas of federal authority unless preempted by Congress
  • Doctrine of preemption invalidates state laws that conflict with federal laws
  • Dormant Commerce Clause prohibits state laws that discriminate against interstate commerce
  • Cooperative federalism involves federal-state collaboration (Medicaid, education)
  • Marble cake federalism describes intermingling of federal and state responsibilities
  • Competitive federalism occurs when states vie for businesses and residents through policies

Supreme Court's Role in Shaping Federalism

  • Marshall Court established federal supremacy and broad national powers (McCulloch v. Maryland)
  • Taney Court emphasized state sovereignty and limited federal authority (Dred Scott v. Sandford)
  • Dual federalism era distinguished separate spheres of federal and state power (Hammer v. Dagenhart)
  • New Deal era expanded federal powers to address economic and social issues (NLRB v. Jones & Laughlin Steel Corp.)
  • Warren Court applied Bill of Rights to states through incorporation doctrine (Gideon v. Wainwright)
  • Rehnquist Court revived federalism constraints on Congress (United States v. Lopez)
  • Roberts Court has continued to grapple with federalism issues (National Federation of Independent Business v. Sebelius)

Modern Federalism Challenges

  • Balancing national uniformity and state experimentation in policy areas
  • Addressing cross-border issues that transcend state boundaries (environmental protection, immigration)
  • Ensuring adequate funding for state and local governments to meet responsibilities
  • Navigating conflicts between federal and state laws on controversial issues (marijuana legalization, sanctuary cities)
  • Adapting federalism to changing social, economic, and technological realities
  • Preserving state autonomy while promoting national interests and values
  • Maintaining accountability and responsiveness in an increasingly complex federal system


© 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.

© 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.