Lecture Notes on Federalism and Constitutional Powers in the United States

Introduction

• The U.S. system of government is a federal system with two levels of sovereignty: federal and state governments.
• States have sovereignty within their sphere of authority, unlike unitary systems where the national government is supreme.

Historical Background

• The original government under the Articles of Confederation was a confederacy with weak national power.
• The Constitution was designed to create a stronger federal government while preserving state powers.

Constitutional Framework

• Federalism: Divides power between national and state governments.
• Tenth Amendment: Reserves powers not delegated to the federal government to the states.
• Necessary and Proper Clause: Allows Congress to pass laws needed to execute its enumerated powers.

Key Constitutional Clauses

1. Necessary and Proper Clause:

   • Used to uphold the creation of a national bank (McCulloch v. Maryland).
   • Grants Congress broad, unlisted powers.

2. Commerce Clause:

   • Grants Congress the power to regulate interstate commerce.
   • Greatly expanded federal power post-1930s, especially during the New Deal.

3. Taxing and Spending Clause:

   • Allows Congress to tax and spend for the general welfare.
   • Basis for various federal programs, including the Great Society and Medicaid.

Historical Shifts in Federal Power

• New Deal: Expanded federal power to regulate the economy and provide welfare.
• Great Society: Further federal involvement in health, education, and welfare.
• Reagan Era: Attempted rollback of federal power; increased state control over federal funds.

Contemporary Federalism and the Affordable Care Act

• Affordable Care Act (ACA): Challenged on the basis of individual mandate.
  • Upheld by the Supreme Court under Congress's taxing power.
  • Aimed to expand health insurance coverage and regulate insurance practices.

Modern Federal-State Relations

• Federal grants aid states in fulfilling responsibilities, such as education and infrastructure.
• Shifts in power often align with public opinion and needs, showcasing cooperative federalism.

Conclusion

• The U.S. has a federal system with evolving power dynamics.
• Constitutional interpretation has expanded federal power over time, affecting state relations.

These notes provide an overview of the lecture on federalism, constitutional powers, and the historical shifts in the balance of federal and state authority in the United States.