Constitutional Interpretations of Federalism

Interpretations and debates around the US Constitution and federalism 

The evolution of federalism 

Explain how the appropriate balance of power between national and state governments has been interpreted differently over time. 

The interpretation of the Tenth and Fourteenth Amendments, the commerce clause, the necessary and proper clause, and other enumerated and implied powers is at the heart of the debate over the balance of power between the national and state governments. 

The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as: 

 McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws 

United States v. Lopez (1995), which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control