5.3 Contemporary federalism issues and cases

Federalism remains a dynamic force in American governance, shaping policy on issues from marijuana to immigration. Recent Supreme Court cases like Murphy v. NCAA and South Dakota v. Wayfair have redefined the balance between state and federal power.

These decisions impact state-federal relations, encouraging policy experimentation while limiting federal regulatory reach. The Court's evolving interpretation of the Commerce Clause and doctrines like anti-commandeering continue to shape the federalist landscape, adapting to modern challenges.

Contemporary Federalism Issues and Cases

Contemporary federalism issues

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  Mapping Legal Marijuana States and Medical Marijuana States 1995 - 2019 View original

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Top images from around the web for Contemporary federalism issues

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  What We Talk About When We Talk About Sanctuary Cities - Niskanen Center View original

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  File:Map of US state cannabis laws.svg - Wikipedia View original

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  Mapping Legal Marijuana States and Medical Marijuana States 1995 - 2019 View original

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  What We Talk About When We Talk About Sanctuary Cities - Niskanen Center View original

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• Marijuana legalization pits state-level legalization against federal prohibition creating conflict between state and federal law leading to enforcement challenges and economic implications for states (tax revenue, regulation costs)

• Sanctuary cities limit cooperation with federal immigration enforcement sparking legal challenges and impacting local law enforcement and community relations (trust-building, public safety)

• Environmental regulations cause tension between federal standards and state implementation (Clean Air Act, water quality standards)

• Healthcare policies create debates over state vs. federal control (Medicaid expansion, insurance marketplaces)

• Education standards spark conflicts over federal involvement in traditionally state-controlled area (Common Core, No Child Left Behind)

• Gun control laws highlight divide between federal regulations and state preferences (background checks, assault weapon bans)

Supreme Court and Commerce Clause

• Murphy v. NCAA (2018) overturned federal ban on sports betting reinforcing anti-commandeering doctrine and expanding state autonomy in gambling regulation

• South Dakota v. Wayfair (2018) allowed states to collect sales tax from online retailers without physical presence impacting interstate commerce and state revenue collection

• National Federation of Independent Business v. Sebelius (2012) upheld individual mandate of Affordable Care Act but limited federal power to expand Medicaid interpreting Commerce Clause and Necessary and Proper Clause

• United States v. Lopez (1995) struck down Gun-Free School Zones Act limiting scope of Commerce Clause and establishing "substantial effects" test for federal regulation

Implications for state-federal relations

• Shift towards greater state autonomy encourages policy experimentation at state level potentially leading to regional disparities in laws and regulations (marijuana legalization, healthcare)

• Evolving interpretation of Commerce Clause limits federal regulatory power impacting future legislation on interstate issues (environmental regulations, labor laws)

• Challenges to federal preemption arise as states assert authority in areas traditionally regulated by federal government increasing litigation between states and federal government (immigration, drug policy)

• Cooperative federalism emphasizes state-federal partnerships in policy implementation requiring negotiation of federal grant conditions (education funding, infrastructure projects)

Supreme Court's role in federalism

• Judicial review of federalism disputes positions Court as arbiter between state and federal interests interpreting constitutional provisions related to federalism (10th Amendment, Commerce Clause)

• Doctrinal developments shape federalism landscape:

  1. Anti-commandeering principle prevents federal government from forcing states to enact or enforce federal law
  2. Sovereign immunity limits ability of individuals to sue states in federal court
  3. Preemption doctrine determines when federal law supersedes state law

• Impact of Court composition affects federalism jurisprudence as ideological shifts influence interpretation of state vs. federal power (conservative vs. liberal justices)

• Balancing act requires maintaining national uniformity while respecting state sovereignty adapting federalism principles to modern governance challenges (cybersecurity, climate change)

• Long-term trends in Court decisions show historical shifts between centralization and decentralization influenced by political and social factors (New Deal era, Civil Rights movement)