Federalism

The Constitution and Federalism

• Article IV
• Article V
• Article VI
• 16th Amendment
• 17th Amendment
• 18th Amendment

The same-sex marriage cases:

• US v. Windsor (on DOMA)
• Hollingsworth v. Perry (on CA Prop 8 and the issue of standing)

The Federalist:

• Federalist 39: "The proposed Constitution, therefore, is, in strictness, neither a national nor a federal Constitution, but a composition of both. In its foundation it is federal, not national; in the sources from which the ordinary powers of the government are drawn, it is partly federal and partly national; in the operation of these powers, it is national, not federal; in the extent of them, again, it is federal, not national; and, finally, in the authoritative mode of introducing amendments, it is neither wholly federal nor wholly national."
• Federalist 45: "The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments, in times of peace and security. As the former periods will probably bear a small proportion to the latter, the State governments will here enjoy another advantage over the federal government."
• Federalist 46: "It has appeared also, that the prepossessions of the people, on whom both will depend, will be more on the side of the State governments, than of the federal government. So far as the disposition of each towards the other may be influenced by these causes, the State governments must clearly have the advantage."

Blurry partisan and ideological lines

Marijuana Federalism

Cigarette Federalism: