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Constitutional Interpretations of Federalism

Supreme Court interpretations of the Commerce, Necessary and Proper, Supremacy, Due Process, and Equal Protection Clauses have shifted the balance of power between national and state governments over time.

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Context

What this topic is and why it exists

Imagine a tug-of-war rope stretched between Washington, D.C. and your state capital.
For over two centuries, the Supreme Court has been the referee deciding who gets to pull harder — and the line in the mud has shifted dramatically depending on the era.
Early on, Chief Justice John Marshall planted the flag firmly on the national side.
In *McCulloch v.
Maryland* (1819), he declared that Congress could create a national bank even though the Constitution never explicitly mentioned one, using the "necessary and proper" clause as a springboard for broad federal power.
He also told Maryland it couldn't tax that bank, establishing that federal law trumps state law when they collide.
But the pendulum swung back.
For decades in the late 1800s and early 1900s, the Court protected state authority by reading Congress's power narrowly, striking down federal laws regulating child labor and manufacturing as overreach.
Then came the New Deal era and another dramatic shift.
Under pressure from FDR, the Court began interpreting the commerce clause so expansively that Congress could regulate almost anything touching the national economy.
More recently, cases like *United States v.
Lopez* (1995) pushed back slightly, reminding Congress that its powers have limits.
The takeaway?
Federalism isn't a fixed blueprint — it's a living argument, and the Supreme Court keeps rewriting the rules of the game.
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