👩🏾‍⚖️Supreme Court Unit 5 – Federalism and the Commerce Clause

Key Concepts and Definitions

• Federalism: system of government where power is divided between a central authority and constituent political units
  • In the U.S., power is shared between the federal government and state governments
• Commerce Clause: Article I, Section 8, Clause 3 of the U.S. Constitution grants Congress the power to regulate commerce among the states
• Interstate commerce: trade, business transactions, and transportation between states
• Intrastate commerce: business activities within a single state's borders
• Supremacy Clause: Article VI, Clause 2 of the U.S. Constitution establishes that federal law takes precedence over state law when there is a conflict
• Necessary and Proper Clause: Article I, Section 8, Clause 18 of the U.S. Constitution grants Congress the power to make laws necessary for carrying out its enumerated powers
• Dormant Commerce Clause: implied restriction on states from passing legislation that discriminates against or excessively burdens interstate commerce

Historical Context

• Federalist Papers: series of essays written by Alexander Hamilton, James Madison, and John Jay advocating for the adoption of the U.S. Constitution
  • Federalist No. 45 (James Madison) argues that the powers of the federal government are limited and defined, while those of the states are numerous and indefinite
• Articles of Confederation: first constitution of the United States, which provided a weak central government and granted most powers to the states
• Constitutional Convention of 1787: meeting of delegates to address the weaknesses of the Articles of Confederation and draft the U.S. Constitution
• Ratification debates: discussions and arguments surrounding the adoption of the U.S. Constitution, with Federalists supporting a stronger central government and Anti-Federalists advocating for greater state autonomy
• Tenth Amendment: part of the Bill of Rights, which reserves powers not delegated to the federal government to the states or the people

Constitutional Foundations

• Enumerated powers: specific powers granted to the federal government by the U.S. Constitution
  • Examples include the power to coin money, declare war, and regulate interstate commerce
• Reserved powers: powers not specifically granted to the federal government, which are reserved for the states or the people
• Concurrent powers: powers shared by both the federal and state governments (taxation, borrowing money, establishing courts)
• Elastic Clause: another name for the Necessary and Proper Clause, which allows Congress to expand its powers beyond those specifically enumerated in the Constitution
• Gibbons v. Ogden (1824): Supreme Court case that broadly interpreted the Commerce Clause, establishing Congress's power to regulate interstate commerce and navigation

Evolution of Commerce Clause Interpretation

• Expansive interpretation: broad reading of the Commerce Clause that allows for greater federal regulation of economic activities
  • Wickard v. Filburn (1942): Supreme Court held that Congress can regulate activities that have a substantial effect on interstate commerce, even if the activity is local and not directly involved in commerce
• Restrictive interpretation: narrow reading of the Commerce Clause that limits federal power and favors state autonomy
  • United States v. Lopez (1995): Supreme Court struck down the Gun-Free School Zones Act, ruling that the law exceeded Congress's authority under the Commerce Clause because it did not regulate economic activity
• Substantial effects test: determines whether an activity substantially affects interstate commerce and is thus subject to federal regulation
• Cumulative effects doctrine: holds that Congress can regulate activities that, when aggregated, have a substantial effect on interstate commerce
• New Federalism: legal philosophy that seeks to limit federal power and return more authority to the states

Landmark Supreme Court Cases

• NLRB v. Jones & Laughlin Steel Corp. (1937): upheld the National Labor Relations Act, marking a shift towards a broader interpretation of the Commerce Clause
• United States v. Darby (1941): upheld the Fair Labor Standards Act, affirming Congress's power to regulate labor conditions and minimum wages
• Heart of Atlanta Motel v. United States (1964): upheld the Civil Rights Act of 1964, ruling that Congress could prohibit racial discrimination in public accommodations under the Commerce Clause
• United States v. Morrison (2000): struck down parts of the Violence Against Women Act, ruling that gender-motivated violence did not substantially affect interstate commerce
• Gonzales v. Raich (2005): upheld the federal government's authority to prohibit the cultivation and possession of marijuana, even in states that had legalized it for medicinal purposes

Federal vs. State Powers

• Preemption: when a federal law supersedes or displaces a conflicting state law
  • Express preemption: occurs when a federal law explicitly states that it preempts state law
  • Implied preemption: occurs when a federal law is so comprehensive that it leaves no room for state regulation or when state law conflicts with federal objectives
• Cooperative federalism: model of federalism where the federal and state governments work together to address common problems (Medicaid, environmental protection)
• Dual federalism: model of federalism where the federal and state governments operate in separate spheres with distinct responsibilities
• Police powers: inherent powers of state governments to protect public health, safety, and welfare
• Unfunded mandates: federal laws or regulations that require state or local governments to perform certain actions without providing the necessary funding

Modern Applications and Debates

• Affordable Care Act (2010): landmark healthcare reform law that expanded federal regulation of the healthcare industry
  • National Federation of Independent Business v. Sebelius (2012): Supreme Court upheld the individual mandate provision of the ACA under Congress's taxing power, but ruled that the Medicaid expansion provision unconstitutionally coerced states
• Environmental regulation: debates over the extent of federal authority to regulate environmental issues (climate change, air and water pollution)
• Education policy: discussions about the appropriate balance between federal and state control over education standards and funding (No Child Left Behind Act, Common Core)
• Immigration: controversies surrounding the respective roles of federal and state governments in enforcing immigration laws and providing services to immigrants
• Marijuana legalization: conflicts between state laws legalizing marijuana and federal laws prohibiting its possession and distribution

Impact on Policy and Governance

• Federalism allows for experimentation and innovation at the state level, as states can serve as "laboratories of democracy"
• The balance of power between federal and state governments has significant implications for the development and implementation of public policies
• Federalism can lead to unequal treatment of citizens across states, as different states may have varying laws and protections
• The Supreme Court's interpretation of the Commerce Clause has far-reaching consequences for the scope of federal regulatory authority
• Debates over federalism often reflect broader ideological divisions between those who favor a more centralized government and those who prioritize state and local control
• The allocation of resources and responsibilities between federal and state governments affects the efficiency and effectiveness of government programs and services
• Federalism can sometimes result in a lack of coordination or conflicting policies between different levels of government, which can hinder the ability to address complex national issues