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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1 of 25: Who Decides? That is the Question... [No. 86]

Why is Federalism the only "patentable" idea in the U.S. Constitution? Judge Jeffrey Sutton explores the structure set up by the Framers in the Constitution to check and balance power between the federal government and the states, one of the difficul ... Why is Federalism the only "patentable" idea in the U.S. Constitution? Judge Jeffrey Sutton explores the structure set up by the Framers in the Constitution to check and balance power between the federal government and the states, one of the difficult questions at the Founding. Our Framers approach, to ‘split the atom of sovereignty’ (to quote Justice Kennedy), lead to a structure (federalism) that was the first of its kind.

Jeffrey S. Sutton sits on the United States Court of Appeals for the Sixth Circuit. Judge Sutton was a partner with the law firm of Jones Day Reavis & Pogue in Columbus, Ohio, and served as State Solicitor of the State of Ohio. He also served as a law clerk to the Honorable Lewis F. Powell, Jr. (Ret.), the Honorable Antonin Scalia and the Honorable Thomas J. Meskill. He is the author of 51 Imperfect Solutions: States and the Making of American Constitutional Law.

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