Learn Index · Government and Law Grade 9–10

United States federalism and the Supreme Court

American federalism shares power between the federal government and the states, and the Supreme Court, with nine justices appointed for life, reviews whether laws follow the Constitution through judicial review.

Illustrated topic card: United States federalism and the Supreme Court — Federalism splits power between the national and state governments; the Supreme Court decides what the Constitution means.
Illustrated topic card: United States federalism and the Supreme Court — Federalism splits power between the national and state governments; the Supreme Court decides what the Constitution means.

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Sharing power

The United States is a federal system. Under federalism, power is divided between the national (federal) government and the 50 state governments. Both can make laws that apply directly to citizens.

The founders chose federalism to balance two fears: a central government that was too weak, as under the Articles of Confederation, and one that was too powerful, like the British monarchy.

How the Constitution divides power

Type Who holds it Examples
Enumerated powers (Article I, Section 8) federal coin money, declare war, regulate interstate commerce, run the postal service, make treaties
Implied powers federal powers "necessary and proper" to carry out enumerated powers, such as creating a national bank
Reserved powers (10th Amendment) states education, police, marriage laws, running elections, most criminal law
Concurrent powers both collect taxes, borrow money, make and enforce laws, build roads
Denied powers neither or one states cannot coin money or make treaties; neither can pass ex post facto laws

The Supremacy Clause (Article VI) says the Constitution and federal laws made under it are "the supreme Law of the Land." When a valid federal law conflicts with a state law, the federal law wins.

Changing balance over time

The balance of power between states and the federal government has shifted.

  • Dual federalism ("layer cake"): until the 1930s, each level was seen as having separate spheres.
  • Cooperative federalism ("marble cake"): from the New Deal in the 1930s onward, federal and state governments increasingly worked together, with federal funding for state programs.
  • Grants and conditions: the federal government often uses money to influence states, such as attaching conditions to highway or education funding.

The Supreme Court as referee

The Supreme Court decides disputes between the federal government and states, and interprets the Constitution. Its decisions create precedent that guides future cases, although the Court can overturn its own precedents.

Case Year Federalism significance
McCulloch v. Maryland 1819 upheld implied powers; states cannot tax the federal government
Gibbons v. Ogden 1824 broad federal power over interstate commerce
Brown v. Board of Education 1954 state school segregation violates the 14th Amendment
United States v. Lopez 1995 limited the Commerce Clause: guns in school zones were not interstate commerce
NFIB v. Sebelius 2012 upheld much of the Affordable Care Act but limited federal pressure on states over Medicaid
Obergefell v. Hodges 2015 states must license and recognize same-sex marriages
Dobbs v. Jackson Women’s Health Organization 2022 returned abortion regulation to the states

How the Supreme Court works

  • Nine justices, appointed by the president and confirmed by the Senate, serve for life.
  • The Court receives thousands of petitions each year but hears only a small number, often fewer than 100, usually cases involving important constitutional questions or conflicts between lower courts.
  • Lawyers submit written briefs and present oral arguments.
  • Justices vote; a majority opinion explains the decision. Justices may write concurring or dissenting opinions.

The 14th Amendment and rights

The 14th Amendment (1868) says no state may deny any person "equal protection of the laws" or deprive them of life, liberty or property without "due process." Through incorporation, the Supreme Court has applied most of the Bill of Rights to state governments, which greatly expanded federal protection of individual rights.

Debates about federalism

  • States’ rights arguments emphasize local control and policy experiments; states are often called "laboratories of democracy."
  • National standards arguments emphasize protecting equal rights and addressing problems that cross state lines.
  • The phrase "states’ rights" was historically used to defend slavery and segregation, which shapes how many people view it today.

Try it yourself

  1. Sort these powers: print money, issue driver’s licences, declare war, set school curriculum, collect taxes.
  2. Explain the Supremacy Clause using an example.
  3. Choose one case from the table and summarize the facts, decision and impact on federalism.
  4. Debate: "Should education policy be set mainly by states or by the federal government?"

Quick recap

  • Federalism divides power between the federal government and the states.
  • The federal government has enumerated and implied powers; states have reserved powers.
  • The Supremacy Clause makes valid federal law supreme.
  • The Supreme Court referees federalism disputes and sets precedent.
  • The balance of power has shifted over time and is still debated.