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🏁State Politics and the American Federal System

Key Federalism Court Cases

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Why This Matters

Understanding federalism court cases isn't about memorizing dates and case names—it's about recognizing the ongoing constitutional tug-of-war between federal and state power. Every case on this list represents a moment when the Supreme Court drew (or redrew) the boundaries of who gets to do what in our federal system. You're being tested on your ability to identify when federal power expands, when it contracts, and why the Court ruled the way it did.

These cases illustrate core principles you'll see throughout your AP exam: implied powers, the Commerce Clause, the Supremacy Clause, state sovereignty, and fiscal federalism. The Court doesn't rule in a vacuum—each decision responds to real conflicts about whether Washington or the states should control policy areas like commerce, healthcare, criminal law, and employment. Don't just memorize the holdings—know what constitutional principle each case establishes and how it shifts the federal-state balance.


Expanding Federal Power: The Foundation Cases

These early cases established that federal authority could reach beyond the Constitution's explicit text, creating the legal framework for a strong national government.

The principle: When the Constitution is ambiguous, the Court often resolved doubt in favor of federal power during the nation's formative period.

McCulloch v. Maryland (1819)

  • Implied powers doctrine established—Congress can use means not explicitly listed in the Constitution if they serve legitimate constitutional ends ("necessary and proper")
  • Federal supremacy affirmed when Maryland tried to tax the Second Bank of the United States; states cannot interfere with legitimate federal operations
  • "The power to tax is the power to destroy"—Chief Justice Marshall's famous phrase explains why states can't burden federal institutions

Gibbons v. Ogden (1824)

  • Broad Commerce Clause interpretation—Congress's power to regulate interstate commerce includes navigation and extends to commercial activity crossing state lines
  • Federal preemption struck down New York's steamboat monopoly because it conflicted with federal licensing laws
  • Interstate vs. intrastate distinction introduced, though the Court read "interstate" expansively to favor federal authority

Compare: McCulloch v. Maryland vs. Gibbons v. Ogden—both expanded federal power, but McCulloch focused on implied powers (what Congress can do) while Gibbons focused on commerce power (where Congress can regulate). If an FRQ asks about the constitutional basis for federal regulation, these are your go-to foundational cases.


The Commerce Clause Battleground

The Commerce Clause has been the most contested arena for federalism disputes. These cases show how the Court has both expanded and limited Congress's reach under this single constitutional provision.

The principle: The scope of "commerce among the several states" determines how far federal regulation can extend into daily life.

Garcia v. San Antonio Metropolitan Transit Authority (1985)

  • States subject to federal labor laws—the Fair Labor Standards Act applies to state and local government employees, not just private workers
  • Political process protection replaced judicial enforcement; the Court said states must protect their interests through Congress, not the courts
  • Overturned National League of Cities—rejected the idea that "traditional state functions" are immune from federal regulation

United States v. Lopez (1995)

  • First Commerce Clause limit in 60 years—struck down the Gun-Free School Zones Act because possessing a gun near a school isn't economic activity
  • Three categories of regulable commerce established: channels of commerce, instrumentalities of commerce, and activities substantially affecting commerce
  • States' rights revival signaled the Rehnquist Court's willingness to enforce federalism limits on Congress

United States v. Morrison (2000)

  • Violence Against Women Act partially invalidated—Congress cannot regulate gender-motivated violence under the Commerce Clause because it's not economic activity
  • Aggregation principle limited—even if many individual acts collectively affect commerce, that's not enough if the activity itself isn't commercial
  • Criminal law reserved to states reinforced the traditional understanding that states handle local crime

Compare: Lopez vs. Morrison—both limited Commerce Clause power using similar reasoning (non-economic, local activity), but Lopez involved guns and Morrison involved violence against women. Together they establish that Congress cannot regulate non-economic conduct just because it might indirectly affect the national economy.


Anti-Commandeering: Protecting State Sovereignty

These cases establish that the federal government cannot force states to implement federal programs—a crucial protection for state autonomy within the federal system.

The principle: The Tenth Amendment prevents the federal government from treating state governments as administrative arms of Washington.

New York v. United States (1992)

  • Anti-commandeering doctrine born—Congress cannot compel state legislatures to enact federal regulatory programs (here, radioactive waste disposal)
  • "Take title" provision unconstitutional because it forced states to either regulate according to federal wishes or take ownership of waste
  • Accountability concern drives the rule: voters can't hold the right government responsible when federal mandates are implemented by state officials

Printz v. United States (1997)

  • State executive officers protected—Congress cannot require local sheriffs to conduct background checks under the Brady Handgun Act
  • Extended New York from state legislatures to state executive officials; the federal government can't commandeer any branch of state government
  • Dual sovereignty emphasized; states are not subordinate units but independent sovereigns with their own governmental structures

Compare: New York v. United States vs. Printz v. United States—both apply anti-commandeering, but New York protected state legislatures from being forced to pass laws while Printz protected state executives from being forced to enforce federal laws. Together they form a complete shield against federal commandeering of state governmental functions.


Fiscal Federalism: The Spending Power Workaround

When Congress can't directly regulate, it often uses funding conditions to influence state behavior. These cases define the limits of that approach.

The principle: Congress can attach strings to federal money, but those conditions can become unconstitutionally coercive if they're too demanding.

South Dakota v. Dole (1987)

  • Conditional spending upheld—Congress can require states to raise the drinking age to 21 as a condition of receiving highway funds
  • Four-part test established: spending must serve general welfare, conditions must be unambiguous, conditions must relate to federal interest, and no independent constitutional bar
  • "Relatively mild encouragement" distinguished from coercion; losing 5% of highway funds wasn't enough pressure to cross the line

National Federation of Independent Business v. Sebelius (2012)

  • Medicaid expansion coercion found—threatening to revoke all existing Medicaid funding if states didn't expand the program crossed from persuasion into compulsion
  • Individual mandate upheld as tax (not Commerce Clause), but the federalism holding limited conditional spending for the first time
  • "Gun to the head" standard emerged; conditions that leave states no realistic choice violate state sovereignty

Compare: South Dakota v. Dole vs. NFIB v. Sebelius—both involve conditional federal funding, but Dole found 5% of highway funds to be acceptable encouragement while Sebelius found threatening 100% of Medicaid funds to be unconstitutional coercion. The key variable is how much existing funding is at risk and whether states have a genuine choice.


Historical Context: Federalism and Slavery

Not all federalism cases expanded liberty. This case shows how federalism principles can be weaponized to protect unjust institutions.

The principle: Constitutional interpretation reflects the political and moral conflicts of its era.

Dred Scott v. Sandford (1857)

  • African Americans denied citizenship—the Court ruled that Black people, free or enslaved, could not be citizens and had no standing to sue in federal court
  • Missouri Compromise invalidated—Congress lacked power to prohibit slavery in the territories, limiting federal authority over the institution
  • Accelerated sectional crisis by removing the possibility of legislative compromise; widely considered the worst Supreme Court decision in history

Quick Reference Table

ConceptBest Examples
Implied PowersMcCulloch v. Maryland
Commerce Clause ExpansionGibbons v. Ogden, Garcia v. SAMTA
Commerce Clause LimitsUnited States v. Lopez, United States v. Morrison
Anti-CommandeeringNew York v. United States, Printz v. United States
Conditional Spending (Upheld)South Dakota v. Dole
Conditional Spending (Limited)NFIB v. Sebelius
Federal SupremacyMcCulloch v. Maryland, Gibbons v. Ogden
State SovereigntyPrintz v. United States, New York v. United States

Self-Check Questions

  1. Which two cases together establish that Congress cannot commandeer either state legislatures or state executive officers to implement federal programs?

  2. How do United States v. Lopez and United States v. Morrison limit Commerce Clause power differently than the Court's approach in Garcia v. San Antonio Metropolitan Transit Authority?

  3. Compare South Dakota v. Dole and NFIB v. Sebelius: What distinguishes permissible conditional spending from unconstitutional coercion?

  4. If an FRQ asks you to explain how the federal government expanded its power in the early Republic, which two cases would you use, and what constitutional principles does each establish?

  5. Why is the anti-commandeering doctrine considered essential to maintaining accountability in a federal system? Use New York v. United States to support your answer.