Eleanor Finch
Federalism refers to the distribution of power between national and state governments. The Tenth Amendment to the United States Constitution, which states that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, is a reflection of this concept. The amendment emphasises the limited and enumerated powers of the federal government, ensuring that states maintain their sovereignty, freedom, and independence. This amendment has been interpreted and debated by the Supreme Court, influencing the relationship between federal and state governments and shaping the understanding of federalism in the United States. The interpretation and application of federalism have evolved over time, with amendments like the Thirteenth and Fourteenth Amendments further shaping the balance of power between the federal and state governments.
| Characteristics | Values |
|---|---|
| Federalism distributes power between national and state governments | The Tenth Amendment, for instance, emphasizes that powers not delegated to the United States by the Constitution are reserved for the states or the people |
| The relationship between federalism and the First Amendment | The First Amendment was initially interpreted as limiting the powers of the national government, but the Supreme Court later applied it to states and subnational governments through the Fourteenth Amendment |
| Amendments reflect the principles of federalism | The Thirteenth Amendment, for example, eliminated the power of states to enforce slavery, and the Fourteenth Amendment granted Congress the power to enforce constraints on state governments |
| Congress may act only with express or implied authority from the Constitution | The Tenth Amendment clarifies that the federal government has limited powers, and states may act unless the Constitution prohibits it |
| The Supremacy Clause establishes federal law as superior to state law | The Supremacy Clause in Article VI provides a basis for judicially invalidating state laws |
| The Commerce Clause grants Congress authority over interstate commerce | Article I, Section 8, Clause 3 of the Constitution allows Congress to legislate on matters concerning interstate commerce |
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What You'll Learn
The Tenth Amendment
The amendment has been interpreted as a shield against federal encroachment, protecting states' rights and limiting the federal government to powers explicitly granted in the Constitution. However, some legal scholars have classified the amendment as a tautology, stating that it affirms the federal government's lack of rights beyond those granted in the Constitution.
In modern times, the Supreme Court has vacillated in its interpretation of the Tenth Amendment. Initially, the Court used it aggressively to restrict Congress's power. However, after 1937, the Court rejected this view and no longer considered the amendment a basis for declaring federal laws unconstitutional. In the 1986 case of Garcia v. San Antonio Metropolitan Transit Authority, the Court upheld federal labour laws while protecting state sovereignty through political participation rather than judicial enforcement of federalism.
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The First Amendment
Federalism refers to the division and sharing of power between national and state governments. The First Amendment to the United States Constitution, adopted on December 15, 1791, as part of the Bill of Rights, has three important dimensions in relation to federalism.
Firstly, the First Amendment reflects the original intent of the Founding Fathers in the design of the relationship between the national and state governments, as well as the ratification and amendment processes established at the Constitutional Convention of 1787.
Secondly, it involves the political development of the national government and the establishment of a nation-led intergovernmental partnership, with the subsequent interpretation of national policy authority under the First Amendment. This includes the Supreme Court's interpretation of the First Amendment as applying to the entire federal government, even though it is only expressly applicable to Congress.
Thirdly, the First Amendment impacts the political development of state governments under the nation-led intergovernmental partnership, with the concurrent interpretation of national policy authority and state constitutional guarantees of freedom of speech, religion, press, and assembly. Federalism allows states to experiment with policy areas under the First Amendment, such as the right to privacy, which is often more broadly defined at the state level compared to the national level.
In summary, the First Amendment reflects federalism by establishing a balance between national and state governments, ensuring that the federal government cannot infringe on certain fundamental rights, while allowing states the flexibility to experiment with policies within the framework of those protected freedoms.
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The Fourteenth Amendment
Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. It states that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. It prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens and from depriving any person of life, liberty, or property without due process of law. It also guarantees equal protection under the law for all persons within a state's jurisdiction.
- Strauder v. West Virginia (1880): The Supreme Court recognized the exclusion of African Americans from West Virginian juries as an unconstitutional infringement of the Privileges or Immunities Clause.
- Yick Wo v. Hopkins (1886): The Supreme Court clarified that race-neutral laws administered in a discriminatory manner were also unconstitutional.
- Brown v. Board of Education (1954): Prohibiting racial segregation in public schools.
- Loving v. Virginia (1967): Ending interracial marriage bans.
- Roe v. Wade (1973): Recognizing the federal right to abortion (overturned in 2022).
Section 5 of the Fourteenth Amendment grants Congress the power to enforce the Amendment's guarantees against the states. This congressional power of enforcement has been used to limit state sovereign immunity and to allow private individuals to seek federal injunctions against state officials to prevent the enforcement of unconstitutional laws.
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The Supremacy Clause
In summary, the Supremacy Clause ensures the supremacy of federal law over state law, solidifying the priority of federal authority within the boundaries of the US Constitution. It has been a crucial provision in shaping the federal political structure of the United States and resolving disputes between federal and state powers.
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The Commerce Clause
The use of the Commerce Clause to authorize federal control over economic matters became effectively unlimited after the Lochner era ended in 1937. The US Supreme Court later restricted this broad interpretation in United States v. Lopez (1995), holding that Congress had exceeded its Commerce Clause power by enacting a law criminalizing gun possession near schools. The Commerce Clause has also been used as the source of federal drug prohibition laws under the Controlled Substances Act.
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Frequently asked questions
Federalism is a system of government that divides power between the national government and state governments. Both levels of government act directly on individuals and are bound by written constitutions.
The Tenth Amendment to the United States Constitution emphasises the limited powers of the federal government. It states that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people.
The Tenth Amendment reinforces the principle of federalism by explicitly outlining the limited powers of the federal government and ensuring that states maintain their autonomy in all other areas.
