Join your AI hosts Maude and Claude for Episode 8 of Study for the Bar in Your Car, as we unravel the complex dance of Federalism! This crucial episode unpacks the intricate division of power between the federal government and the states, a cornerstone of US Constitutional Law.

Discover the expansive police powers of states —their inherent authority to regulate for public health, safety, and welfare—and why the federal government, by contrast, possesses no general police power, instead relying on specific enumerated powers.

We meticulously detail how Congress utilizes its mighty Commerce Clause and Taxing and Spending powers, emphasizing the critical distinction between regulating economic activity (allowing aggregation, Gonzalez v. Raich) versus non-economic activity (United States v. Morrison), and the fine line between inducing states (like in South Dakota v. Dole) and unconstitutional coercion (NFIB v. Sebelius). Learn how Section 5 of the 14th Amendment uniquely allows Congress to abrogate state sovereign immunity to enforce constitutional rights.

Grasp the profound impact of the Supremacy Clause and its various forms of preemption (express, conflict, obstacle, field) where federal law overrides state law. Understand the vital Anti-Commandeering Principle, preventing the federal government from forcing states to enact or enforce federal programs, as seen in Prince v. United States.

We also cover the Privileges and Immunities Clauses (Article IV & 14th Amendment), explaining how they protect citizens against state discrimination and safeguard the fundamental right to travel.

Crucially, explore how the federal judiciary acts as the ultimate arbiter through justiciability doctrines like standing, ripeness, mootness, and political questions, ensuring courts only hear appropriate cases. Understand the Supreme Court’s original and appellate jurisdiction, including the Rule of Four for certiorari, and the pivotal adequate and independent state grounds doctrine which limits federal review of state court decisions.

This episode provides the essential insights needed to master the dynamic interplay of federal and state authority. Subscribe and listen now to drive your ConLaw understanding forward!