8: Constitutional Interpretations of Federalism

Federalism Overview

Definition: Division of power between central government and states.
Constitutional Basis: Outlines national and state powers, leading to debates on power balance.
Key Cases: Influential in interpreting federalism, affecting federal-state power dynamics.

Commerce Clause: Allows regulation of interstate and international commerce by Congress.
Federalism: Power division between national and state governments with separate responsibilities.
Enumerated Powers: Specific powers given to national government by the Constitution.
Fourteenth Amendment: Prevents states from denying due process and ensures equal protection.
Implied Powers: Powers not explicitly listed but necessary for the government's functions.
Cooperative Federalism: National and state governments cooperate on shared responsibilities.

Purpose: Grants Congress power to enact laws essential for executing its powers.
Debate: Broad interpretation sparks discussion on federal vs. state power balance.
Example: National park system regulation justified as "necessary and proper" for managing federal lands and regulating commerce.

Principle: Reserves un-delegated powers to states or the people, emphasizing limited federal power.
Example: State legalizes medicinal marijuana, claiming right under Tenth Amendment against federal drug laws.

Impact: Ensures equal protection under the law, expands federal power in protecting individual rights.
Example: Challenge against city's law for Sunday business closures for religious reasons, citing equal protection clause.

Issue: State tax on federal bank challenged.
Outcome: Strengthened federal power, confirmed federal law supremacy, and acknowledged Congress's implied powers.

Issue: Federal regulation of guns in school zones under Commerce Clause.
Outcome: Limited Congress's power to regulate non-economic activities not substantially affecting interstate commerce, marking a shift in commerce clause interpretation.