Eleanor Finch
Federalism is a concept embodied in the US Constitution that refers to the division and sharing of power between the national and state governments. The Tenth Amendment is a well-known provision that acts as a shield and sword to prevent federal encroachment, reserving powers for the states that are not delegated to the federal government. The Necessary and Proper Clause, also known as the Elastic Clause or Sweeping Clause, is another significant provision that grants Congress broad authority to determine what is necessary for implementing federal powers. The Fourteenth Amendment, on the other hand, places federal constraints on state governments, preventing them from violating the privileges and immunities of their citizens. While federalism aims to establish a unified national government with limited powers, judges and scholars disagree on how to interpret and enforce the principles of federalism, particularly in defining the relationship between federal and state power.
| Characteristics | Values |
|---|---|
| Federalism | Refers to the division and sharing of power between the national and state governments |
| Powers of Congress | Regulate interstate and foreign commerce, establish post offices and post roads, punish counterfeiting and piracy, and more |
| Necessary and Proper Clause | The constitutional source of the vast majority of federal laws |
| Fourteenth Amendment | Forbade states from violating the fundamental rights of their citizens, granting Congress the power to enforce those constraints |
| Supremacy Clause | Establishes federal law as superior |
| Judicial enforcement | Judges and scholars disagree on whether the judiciary should enforce the interests of the states against the federal government |
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The Necessary and Proper Clause
> make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The Supreme Court has interpreted the Necessary and Proper Clause as granting implied powers to Congress in addition to its enumerated powers. This interpretation was established in the landmark case McCulloch v. Maryland (1819), where the Court ruled that Congress had the implied power to establish a bank as a "proper and suitable instrument" to aid in its enumerated power to tax and spend. The case McCulloch v. Maryland also held that federal laws could be necessary without being "absolutely necessary".
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Federalism and the Overall Scope of Federal Power
Federalism is a system of government in which the same territory is controlled by two levels of government. In the United States, this takes the form of a national government and 50 state governments, each with their own powers and sovereignty. The US Constitution establishes a system of "dual sovereignty", where states have surrendered many of their powers to the federal government, but have also retained some sovereignty.
The Founding Fathers adopted federalism in response to the weaknesses of the Articles of Confederation, which gave too much power to the states and resulted in a weak Congress that was unable to enforce laws or raise taxes. The Articles were essentially a treaty among sovereign states, and the Constitution replaced this with a stronger central government that could act directly on behalf of the citizenry.
The US Constitution embodies the basic concept of federalism by dividing and sharing power between the national and state governments. The Founders intended the federal government's powers to be limited and enumerated, with state legislative powers limited by their own constitutions. This form of federalism, where the national government is granted only limited and enumerated powers, is known as "'Enumerated Powers Federalism'. The powers of the states are simply everything left over after that enumeration.
The Tenth Amendment reinforces this principle, stating that "The 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." This means that state power is protected by limiting the ability of the federal government to act. Both the federal and state governments also have shared powers, also known as concurrent powers, such as the power to tax and establish courts.
Federalism has waxed and waned since its founding, and federal-state relations have always been contested. It has undergone four distinct phases during four different eras in US constitutional history: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to today.
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The Supremacy Clause
While the Supremacy Clause generally prioritizes federal authority, it operates within the boundaries of the Constitution. Federal statutes and treaties must adhere to the enumerated powers granted to the federal government and must not violate constitutional limits, such as the Bill of Rights. The Tenth Amendment, for instance, emphasizes that the federal government possesses only those powers delegated to it by the Constitution, with all other powers being reserved for the states or the people.
The Supreme Court plays a crucial role in interpreting and applying the Supremacy Clause. It has the power of judicial review, allowing it to invalidate statutes that violate constitutional provisions. The Court has used the Supremacy Clause to establish a robust federal government role in managing national affairs, sometimes employing the doctrine of field preemption to assert that congressional action in certain fields takes precedence over state laws in those same areas.
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The Tenth Amendment
> The 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.
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The Fourteenth Amendment
Section 1 of the Fourteenth Amendment establishes that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision granted citizenship to formerly enslaved people, ensuring that they were considered citizens of the United States and the state in which they lived.
Furthermore, Section 1 prohibits states from enacting or enforcing any law that abridges the privileges or immunities of citizens of the United States. It also protects the fundamental rights of citizens, including life, liberty, and property, by requiring due process of law. Additionally, it guarantees "equal protection of the laws," ensuring that no person within a state's jurisdiction is denied the equal protection of the laws.
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Frequently asked questions
Federalism is a concept embodied in the Constitution that refers to the division and sharing of power between the national and state governments.
The Constitution enumerates a range of powers for Congress, including the power to regulate interstate and foreign commerce, establish post offices and post roads, lay and collect taxes, and regulate commerce with Indian tribes.
The Necessary and Proper Clause, also known as the Elastic Clause or the Sweeping Clause, authorises Congress to make laws that are necessary and proper for carrying into execution the powers vested in the Constitution. The Supreme Court has broadly interpreted this clause, giving Congress significant discretion in determining what is "necessary".
The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people. This amendment has been invoked by the Supreme Court to prevent federal encroachment on state sovereignty.
The Fourteenth Amendment forbids states from violating the fundamental rights of their citizens and grants Congress the power to enforce these constraints. This amendment ensures that states cannot deprive citizens of life, liberty, property, or equal protection without due process.
