Papers and policy
Federalist paper 45
Madison wrote about the balances of power between the federal and state governments. He said that the powers granted to the federal government will not be too strong and that the state and federal governments have an equal amount of power.
Gibbons v Ogden (1824
SCOTUS decided that that the Commerce Clause gave Congress the exclusive authority to regulate interstate commerce, and state laws could not interfere with it.
Article 1, Section 8, Clause 3
Commerce clause
Federal Preemption (bonus points for the types)
When federal law takes precedence over state law in specific areas (express, implied)
McCulloch v. Maryland
The state of Maryland was trying to close the Baltimore branch of the national branch by passing a law that forced all banks chartered outside of the state to pay a yearly tax. James McCulloch refused to pay the tax which caused Maryland to sue him. Maryland said they had the power to tax any business in the state and the constitution does give Congress the power to create a national bank.
Shelby County v. Holder (2013)
Emphasized state power over federal power in elections
Implies that the fed gov shouldnt be able to override state practices unless there is clear evidence of ongoing discrimination.
Relates to bold statement main point - states get implied powers and fed gov gets explicit powers
Dobbs v. Jackson Women's Health Organization
Mississippi enacted the Gestational Age Act, which banned most abortions after 15 weeks of pregnancy. The health organization challenged this act, arguing that it violated the precedents set by Roe v. Wade which protected women's rights.
United States v. Lopez
A Gun Free Zone Act was passed to reduce gun violence in and around schools. Congress passed a Gun Free School Zone Act. The GFSZA prohibited people from knowingly carrying a gun in a school zone. A school is defined as any area within 1,000 feet of a school.The United States Court of Appeals for the fifth circuit agreed with Lopez and reserved his convictions. The United States government asked the Supreme Court to hear the case and they agreed
Federalist 39
Madison wrote this
Talks all about federalism and the need for state and federal governments to work together.
Arizona v. United states (2012)
The Supreme Court decision stated that states may not implement their own immigration laws, placing limitations on state autonomy. Immigration legislation is to be created by the federal government and enforced by states.
(Article I, Section 8, Clause 1)
Outlined federal power
Shows the effectiveness of having some powers only meant for fed gov and keeps some authority centralized
Helps fund programs, including programs for states
Increases federal power
Immigration and Naturalization
Only federal governments are allowed to work with immigration
Sanctuary Policies
Some states like california made laws that limit the influence of federal authority in immigration enforcement through making sanctuary cities and jurisdictions
These cities directly go against immigration policies and gives the states lots of power for immigration
The Supreme Court, in an opinion written by Chief Justice John Roberts, upheld by a vote of 5–4 the individual mandate to buy health insurance as a constitutional exercise of Congress's power under the Taxing and Spending Clause (taxing power).
National Federation of Independent Business v. Sebelius
Section 5 of the 14th amendment
Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
4 types of this funding that federal gov. can give to state governments (50 bonus points per name you remember)
Federal grants (categorical, block, conditioning, FEMMA)
City of Boerne v. Flores (1997)
The decision placed limits on federal power over states and enforced federalism, emphasizing the need for state autonomy over matters not directly tied to the constitution.
Federalist 84
All about the Bill of Rights and its relationship to the Constitution, and the protections of individual liberties under the federal system.
He argued a Bill of Rights is not needed because the Constitution itself inherently protects individual liberties by limiting the powers of the federal government
Reinforced. 10th amendment, limited federal government power, emphasized the ideas of reserved powers
Printz v. US (1997)
Article 4, section 4,
The Guarantee Clause, also known as the Republican Form of Government Clause, requires the United States to guarantee every state a republican form of government and provide protection from invasion and domestic violence.
DOJ launching lawsuit against Illinois and New york
This lawsuit would result in increased tensions between state and federal governments, as the sanctuary status contrats with immigration efforts by federal agencies such as ICE. This could lead to court proceedings or debates over the limits of state sovereignty on the enforcement of immigration legislation. The precedents set by this case could also affect future immigration legislation.