Constitutional Interpretations of FEDERALISM [AP Gov Review Unit 1 Topic 8]

Summary

This video explores the evolving balance of power between the federal and state governments in the U.S., focusing on constitutional provisions like the 10th and 14th Amendments, the Commerce Clause, and the Necessary and Proper Clause. It highlights key Supreme Court cases, such as McCulloch v. Maryland (1819), which expanded federal power, and United States v. Lopez (1995), which reinforced state power. The video provides a clear explanation of federalism's shifts over time, emphasizing how both state and federal governments have asserted authority in different contexts.

Takeaways

• 📜 Federalism refers to the sharing of power between federal and state governments in the United States.
• 🔟 The Tenth Amendment reserves powers not given to the federal government to the states, known as reserved powers.
• 🔄 The 14th Amendment extended the Bill of Rights to state governments, ensuring citizens' rights against both federal and state intrusion.
• 🛍️ The Commerce Clause in Article 1, Section 8, grants Congress the authority to regulate commerce among the states, impacting state power.
• 💡 The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to pass laws to carry out its enumerated powers.
• 🤝 The Full Faith and Credit Clause requires states to respect each other's laws, but has been a point of contention regarding same-sex marriage recognition.
• 🏦 Alexander Hamilton used the Necessary and Proper Clause to establish the First National Bank, despite a lack of explicit constitutional authority.
• 🏛️ In McCulloch v. Maryland (1819), the Supreme Court ruled that federal law supersedes state law when there is a conflict, strengthening federal power.
• 🚫 In United States v. Lopez (1995), the Supreme Court ruled that the federal government cannot regulate activities not related to interstate commerce, favoring state power.
• 📚 Supreme Court cases are crucial in interpreting the balance of power between national and state governments over time.

Q & A

What is federalism?

Federalism is the sharing of power between state and federal governments, as outlined in the U.S. Constitution.

What does the Tenth Amendment to the U.S. Constitution state?

The Tenth Amendment states that any power not explicitly given to the federal government is reserved for the states, known as reserved powers.

What was the purpose of the 14th Amendment in relation to federalism?

The 14th Amendment applied the Bill of Rights to the states, ensuring that citizens' rights were protected against both federal and state intrusion.

How does the Commerce Clause in Article 1, Section 8 relate to federalism?

The Commerce Clause gives Congress the authority to regulate commerce among the states, sometimes justifying federal power at the expense of state power.

What is the Necessary and Proper Clause, and how does it relate to federalism?

The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to pass laws deemed necessary and proper to carry out its enumerated powers, potentially expanding federal authority.

What does the Full Faith and Credit Clause require states to do?

The Full Faith and Credit Clause requires each state to respect the laws of other states, such as recognizing driver's licenses and marriages from other states.

What was the significance of the Defense of Marriage Act (DOMA) in terms of federalism?

DOMA allowed states to not recognize the marital status of same-sex couples, asserting state power in contrast to federal recognition of such marriages.

How did the Supreme Court case McCulloch vs. Maryland affect federalism?

McCulloch vs. Maryland affirmed that the federal government has implied powers through the Necessary and Proper Clause and that federal law supersedes state law in conflicts, thus tipping the balance of power towards the federal government.

What was the outcome of the United States vs. Lopez case in terms of federalism?

In United States vs. Lopez, the Supreme Court ruled in favor of states' rights, stating that gun control could not be linked to interstate commerce, thus tipping the balance of power towards the states.

What is the significance of the Supreme Court case Bergafell vs. Hodges in the context of federalism?

Bergafell vs. Hodges shifted power back to the federal side by declaring marriage a fundamental right that states cannot infringe upon, regardless of gender.

How does the concept of 'enumerated powers' of Congress relate to federalism?

Enumerated powers are the specific powers listed in the Constitution as belonging to the federal government, and they are a key aspect of the balance of power in federalism.