Heimler's History: Federalism and Power Shifts

Overview

• Federalism: Sharing power between federal and state governments.
• Power shifts over time between federal ("big daddy") and state governments.
• Goal: Explain how the balance of power has been interpreted over time.

Key Constitutional Provisions

Tenth Amendment

• Reserved Powers: Powers not explicitly given to the federal government are reserved for the states.
  • Example: Regulation of trade within a state.

Fourteenth Amendment

• Historical Context: Passed during Reconstruction after the Civil War.
• Purpose: Apply the Bill of Rights to the states, protecting citizens' rights.
• Impact: Protected citizens from state intrusion as well as federal.

Commerce Clause (Article 1, Section 8)

• Grants Congress the authority to regulate commerce among states.
• Often used to justify federal power over states.

Necessary and Proper Clause (Elastic Clause)

• Allows Congress to pass laws deemed "necessary and proper" for enumerated powers.
• Example: Establishment of the First National Bank by Alexander Hamilton.

Full Faith and Credit Clause (Article 4)

• States must respect each other's laws (e.g., driver's licenses, marriage).
• Challenge: Same-sex marriage recognition across states.
  • DOMA (1996): Allowed states to not recognize same-sex marriages.
  • Obergefell vs. Hodges (2015): Federal ruling that marriage is a fundamental right, states cannot infringe.

Supreme Court Cases

McCulloch vs. Maryland (1819)

• Context: Maryland taxed a federal bank; bank refused to pay.
• Ruling: Necessary and Proper Clause allows federal actions not explicitly mentioned in the Constitution.
• Supremacy Clause: Federal law trumps state law in conflicts.
• Impact: Shifted power towards federal government.

United States vs. Lopez (1995)

• Context: Gun-Free School Zones Act of 1990 used Commerce Clause to justify federal regulations on guns.
• Ruling: Supreme Court ruled in favor of states; gun laws are state domain.
• Impact: Shifted power towards state governments.

Conclusion

• Resource: View packet available for exam preparation.
• Further Learning: More videos available in Unit 1 series.
• Encouragement to subscribe for more educational content.