All Study Guides Constitutional Law I Unit 3
🦢 Constitutional Law I Unit 3 – Federalism: Federal vs. State Power DivisionFederalism 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