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

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