The Evolution of American Federalism

Begin your study of federalism with a look at the 2000 presidential election dispute between George W. Bush and Al Gore. Examine the historical context and philosophical foundations of federalism. Then, reflect on how the balance of power between state and federal governments continues to shape our politics today.

Step back to the founding of America to explore the rise of our two-party political system. Professor Hoffmann walks you through six phases of party politics, including Jacksonian Democracy, Reconstruction, the Progressive Era, and party realignment during the Civil Rights Era.

The Supremacy Clause in the Constitution declares that federal law is “the supreme law of the land.” Yet throughout our history, federal and state governments have clashed over interpretations of the law and states’ rights. From the Alien and Sedition Acts to Brown v. Board of Education, survey this rocky relationship.

Although federal law reigns supreme, the Constitution outlines a limited domain for federal authority. In this first of several lectures on federal power, you will learn about the power of taxing and spending—and the implication for state policies and national economic strategy. Review the unique status of health care in contemporary America.

National defense is a key function of the government, but our Constitution creates a dual system to ensure a strong yet balanced federal government. Dive into this system and explore its implications for military operations and foreign policy. This lecture also takes you into the controversial world of gun rights and the Second Amendment.

Shift your attention from guns to immigration, which has been a complex issue for the United States ever since the 18th century. Professor Hoffmann explores the historical and contemporary challenges of managing borders, immigration laws, and the process of becoming a citizen.

The Commerce Clause in the Constitution underpins much of the 20th century’s federal authority. In this first of two lectures, you will delve into the world of interstate commerce. You will see how the Lochner Era (roughly 1905-1937) curtailed federal regulations, and then how New Deal legislation expanded federal power.

Continue your study of the Commerce Clause by looking at the boundaries of state authority and the impact on interstate economic activities. Professor Hoffmann walks you through case law about regulations ranging from the environment to sales taxes on alcohol. He concludes with a look at how current state laws aim to regulate internet content.

Federalism is a dynamic system, constantly evolving with the will of the electorate. Here, learn how the Civil War and the 14th Amendment reshaped the nature of federal citizenship with a guarantee of due process and equal protection. Then consider the push-pull of progress and regression over the decades.

After the Civil War, the 14th Amendment promised equal protection under the law, but the nation didn’t change on a dime. In this lecture, you will unpack pivotal moments such as the Tulsa Race Massacre and legal decisions including Brown v. Board of Education—all of which highlight the gap between constitutional promises and social realities.

Continue your exploration of equal protection with an in-depth look at the Civil Rights Act of 1964. Review the movements and legislation that built up to this watershed moment, and then reflect on how federal law combats private discrimination. Conclude with some contemporary implications for religious freedom and anti-discrimination laws.

In addition to equal protection, the 14th Amendment’s Due Process clause has had far-reaching implications for American life. Here, Professor Hoffmann examines the transformative role of the Due Process Clause in reshaping state criminal procedures and protecting individual rights.

Habeas Corpus—a concept going back to the Magna Carta of 1215—is enshrined in the U.S. Constitution to protect citizens from unlawful detention. As federalism evolved, particularly over the last 60 years, the right of habeas corpus has been expanded and restricted. Uncover the legal status of habeas corpus today.

As you will discover in this lecture, the Due Process Clause has far broader implications than criminal procedure—including privacy, marriage rights, and reproductive rights. Dig into cases such as Obergefell v. Hodges, Roe v. Wade, and Dobbs v. Jackson Women’s Health Organization, as well as the internal battles of the Supreme Court.

Who regulates alcohol, marijuana, and other controlled substances? What happens when states legalize a substance that is illegal under federal law? Dive into the history and current status of drug regulation and the tension between public health and individual rights, as well as state versus federal law.

Crises tend to upend the status of federalism. In our era of pandemics and terrorism, lawmakers have the difficult job of balancing the right to freedom with the need for public health and homeland security. Learn about “plenary power” and the shift from state to federal sovereignty in the 21st century.

In the realm of environmental regulation, the tension between federal and state power can tell us much about the flexibility of federalism. Here, walk through federal legislation in the 1970s such as the Clean Water Act. Then, turn to the role of federal waivers that allow California’s environmental laws to dominate national policy.

The Constitution offers little guidance around voting, with elections primarily administered at the state level. However, Reconstruction, the women’s suffrage movement, and the Voting Rights Act have all provided a measure of federal oversight to ensure electoral integrity as well as voting rights for all.

The Supreme Court case of Reynolds v. Sims ensures the principle of “one person, one vote” in American politics. Yet state-level gerrymandering and redistricting efforts raise questions about representation and the impact of “one vote.” Review the ongoing battle between voter suppression and equal protection.

Chart the struggle for women’s rights from Supreme Court decisions such as Griswold v. Connecticut and Title IX legislation, through the failed efforts to ratify the Equal Rights Amendment (ERA). See how state-level constitutional protections are leading the way toward broader equal protections for women.

Native American tribes have a unique status in U.S. law thanks to various treaties, federal policies, and court decisions. In this lecture, you will learn about tribal sovereignty, land rights, and efforts to rectify historical injustices. Consider the need for cultural preservation while striving for economic opportunities.

What happens when state laws conflict with federal laws? How much can the states regulate around immigration, environmental laws, and consumer protection? Revisit the balance between federal and state authority with this lecture on the “Preemption Doctrine.”

In our federalist system, battles over states’ rights and federal mandates continue. Here, analyze the role of the 10th Amendment in preserving state powers within the federal system. Professor Hoffmann surveys labor laws, anti-commandeering cases, and the role of local sheriffs in enforcing federal laws.

Wrap up the course by exploring the concept of “aggressive federalism,” where states and local governments actively oppose or circumvent federal laws and policies. Innovative legal strategies demonstrate that the compromises and negotiations of our federal system continue.