Law School

Constitutional Law Part Three: Federalism and Intergovernmental Relations


Listen Later

Navigating Federalism: Power and Paradox


The podcast episode delves into the complexities of American federalism, focusing on the constitutional constraints that shape the balance of power between federal and state governments. It explores key doctrines like anti-commandeering, the dormant commerce clause, and state sovereign immunity, highlighting landmark cases and their implications. The discussion also addresses the paradoxes and challenges these doctrines present, particularly in crisis scenarios, and questions whether the current legal frameworks effectively protect state sovereignty or inadvertently encourage federal overreach.


Sound bites

"Understanding federalism is understanding power."

"Anti-commandeering: a shield for state sovereignty."

"Dormant commerce clause: a check on state power."

"State sovereign immunity: a constitutional safeguard."

"New York v. United States: a federalism landmark."

"Federalism's paradox: sovereignty vs. dominance."

"Spending clause: federal influence unleashed."

"Anti-coercion: protecting state choices."

"State tolerance vs. federal preemption."

"Supremacy clause: federal law reigns supreme."


Takeaways

Understanding the balance of power between federal and state governments is crucial.

The anti-commandeering doctrine prevents federal overreach into state governance.

The dormant commerce clause limits state interference in national markets.

State sovereign immunity protects states from certain federal judicial actions.

Landmark cases like New York v. United States and Prince v. United States define federalism limits.

The paradox of federalism: protecting state sovereignty can lead to federal dominance.

The spending clause is a powerful tool for federal influence over states.

The anti-coercion principle limits federal financial pressure on states.

State laws that tolerate federally banned behavior are generally not preempted.

The supremacy clause prevents states from interfering with federal operations.


American federalism, constitutional constraints, anti-commandeering, dormant commerce clause, state sovereign immunity, federal power, state sovereignty, landmark cases, legal frameworks, federal overreach

...more
View all episodesView all episodes
Download on the App Store

Law SchoolBy The Law School of America

  • 3.1
  • 3.1
  • 3.1
  • 3.1
  • 3.1

3.1

54 ratings


More shows like Law School

View all
Bloomberg Law by Bloomberg

Bloomberg Law

383 Listeners

Above the Law - Thinking Like a Lawyer by Legal Talk Network

Above the Law - Thinking Like a Lawyer

488 Listeners

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond by Alison Monahan and Lee Burgess - Law School Toolbox, LLC

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

512 Listeners

Sexy Unique Podcast by What's Your Journey?

Sexy Unique Podcast

3,328 Listeners

Law to Fact by Professor Leslie Garfield Tenzer

Law to Fact

193 Listeners

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress by Bar Exam Toolbox

The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

438 Listeners

Calm it Down by Chad Lawson

Calm it Down

714 Listeners

Civil Procedure by Prof. Thomas Main

Civil Procedure

78 Listeners

The Law of the United States by Mark Shope

The Law of the United States

2 Listeners

Basic Contract Law for Students by The Contract Tutor

Basic Contract Law for Students

20 Listeners

Law School in Plain English: Torts & Criminal Law. by Jeff Brown

Law School in Plain English: Torts & Criminal Law.

12 Listeners

Law Schoolers by Law Schoolers

Law Schoolers

9 Listeners

American Law Cafe by Pre-Law Productions

American Law Cafe

10 Listeners

Study for the Bar in Your Car by Angela Rutledge, LLM, LLB

Study for the Bar in Your Car

5 Listeners