Federalism

Federalism

How did the Founders envision federalism? Why is it a crucial part of our Constitutional government? Is it still functioning today in the way it was intended? This unit covers basic questions about the need and demand for federalism, as well as more in-depth discussions of both historical and modern clashes between states and the federal government.

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18 of 25: How Does the Difficulty of Legislating Protect Federalism? [No. 86]

It is frequently difficult to pass federal legislation because any law must be passed by both the House and Senate then signed by the President. Professor John McGinnis explains that this is an important protection for federalism. The states are free ... It is frequently difficult to pass federal legislation because any law must be passed by both the House and Senate then signed by the President. Professor John McGinnis explains that this is an important protection for federalism. The states are free to pass their own legislation that meets their particular needs without constant federal interference which would supersede their laws.

Professor John O. McGinnis is the George C. Dix Professor in Constitutional Law at Northwestern University School of Law.

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Other Videos in this Series

1

Who Decides? That is the Question... [No. 86]

2

Can Federal Courts Dictate State Law? [No. 86]

3

51 Imperfect Solutions [No. 86]

4

Was Federalism Designed to Protect Slavery? [No. 86]

5

Federalism: We All Have Roles to Play [No. 86]

6

Laboratories of Experimentation [No. 86]

7

Enumerated Powers, the Necessary and Proper Clause, and Prigg v. Pennsylvania [No. 86]

8

New Federalism: Not Your Father’s Federalism [No. 86]

9

Key Cases on the Commerce Clause [No. 86]

10

What Power Does Congress Have to Regulate Commerce? [No. 86]

11

McCulloch v. Maryland: The Debate About Enumerated Federal Powers [No. 86]

12

Is NFIB v. Sebelius a Commerce Clause Case? [No. 86]

13

Federalism as Another Separation of Powers [No. 86]

14

The Demand for Federalism [No. 86]

15

Does the Federal Government Use of Financial Power Over States Amount to Coercion? [No. 86]

16

What is the Purpose of Article IV? [No. 86]

17

Electoral Chaos & the Twelfth Amendment [No. 86]

18

How Does the Difficulty of Legislating Protect Federalism? [No. 86]

19

What Can the Federal Government Do Better than the States? [No. 86]

20

How Does Federalism Result in More Competent and Competitive Governance? [No. 86]

21

Does the Commerce Clause Apply Only to Commerce? [No. 86]

22

How Does the Constitution Adapt to New Concepts of Liberty? [No. 86]

23

The Incorporated Bill of Rights and Federalism [No. 86]

24

Does the Stafford Act Apply During Pandemics? [No. 86]

25

Cooperative Federalism and the Growth of the Administrative State [No. 86]

About this Module

Total run time:

1h 23m

Course:

Total videos:

25

Difficulty:

First Year