Overview
This lecture covers how the balance of power between the national and state governments (federalism) has shifted over time, focusing on key constitutional provisions and two Supreme Court cases.
Constitutional Provisions Shaping Federalism
- The Tenth Amendment reserves powers not given to the federal government for the states (reserved powers).
- An example of reserved power is a state's regulation of trade within its own borders.
- The Fourteenth Amendment applied the Bill of Rights to states, protecting citizens from state as well as federal infringement.
- The Commerce Clause (Article I, Section 8) allows Congress to regulate commerce among states, often expanding federal power.
- The Necessary and Proper Clause (Elastic Clause) enables Congress to pass laws needed to carry out its powers, even if not explicitly stated.
- The Full Faith and Credit Clause (Article IV) requires states to respect each other's laws and legal decisions, such as marriage and driver's licenses.
Shifts in Federal and State Power: Supreme Court Cases
- In McCulloch v. Maryland (1819), the Supreme Court ruled that implied powers under the Necessary and Proper Clause allowed Congress to establish a national bank, and that federal law is supreme over state law.
- McCulloch v. Maryland strengthened federal power by interpreting the Necessary and Proper and Supremacy Clauses broadly.
- United States v. Lopez (1995) limited federal power, ruling that Congress could not regulate guns in school zones under the Commerce Clause, as gun laws are reserved for the states.
Key Terms & Definitions
- Federalism — the division of power between national and state governments.
- Reserved Powers — powers not granted to the federal government that are reserved for the states.
- Commerce Clause — constitutional provision allowing Congress to regulate interstate commerce.
- Necessary and Proper Clause (Elastic Clause) — gives Congress authority to pass laws needed to execute its enumerated powers.
- Supremacy Clause — establishes that federal law takes precedence over state law in conflicts.
- Full Faith and Credit Clause — requires states to recognize and respect other states' laws and judicial decisions.
Action Items / Next Steps
- Review the view packet for further details and examples.
- Watch deeper-dive videos on the McCulloch v. Maryland and United States v. Lopez cases for thorough understanding.