Constitutional Law Lecture 2: Federalism and the Powers of the States

Law School

Federalism is the division of power between the federal government and the states. The Constitution establishes this framework by outlining enumerated powers for the federal government, reserved powers for the states, and the Supremacy Clause to resolve conflicts between federal and state laws.

The Supremacy Clause and preemption ensure federal law overrides conflicting state law. Express preemption occurs when a federal statute explicitly states its supremacy, while implied preemption occurs when federal and state laws conflict or federal regulation occupies an entire field.

The Commerce Clause grants Congress the power to regulate interstate commerce. Its interpretation has evolved, from expansive interpretations in cases like Gibbons v. Ogden and Wickard v. Filburn to modern limitations in United States v. Lopez and NFIB v. Sebelius. Key doctrines include the substantial effects test, channels and instrumentalities of commerce, and the aggregation principle.

The Tenth Amendment reserves powers not delegated to the federal government for the states, emphasizing state sovereignty. Printz v. United States established that the federal government cannot compel states to implement federal programs.

The Eleventh Amendment protects states from being sued in federal court without their consent, codifying the doctrine of sovereign immunity. Seminole Tribe v. Florida reinforced states' immunity from private lawsuits.

The Dormant Commerce Clause prohibits state laws that unduly burden or discriminate against interstate commerce. The discrimination test and Pike balancing test are used to evaluate state laws. Granholm v. Heald struck down state laws favoring in-state wineries over out-of-state competitors.

The State Action Doctrine distinguishes private conduct from government action for purposes of constitutional analysis. Shelley v. Kraemer and Burton v. Wilmington Parking Authority are key cases in this area.

Understanding federalism and the powers of the states is crucial for analyzing constitutional issues and understanding the balance between national and state authority.