Federalism
The Separation of the Powers between the
States and the Federal Government
Federalism
• Federalism provides for a separation of powers
between the state and federal governments
• Framers of the Constitution rejected both a blind
deference to states rights and a complete
centralization of power within the federal
government.
• Individual states, when it adopted the Constitution
and became a member of the United States,
surrendered certain governmental powers to the
Federal Government
Federalism
• States retain control over all legal issues not
specifically delegated to the federal government
• State ceded to the federal government supreme
authority over national matters that concerned
more than one state or the American people
collectively
• Federal Government can regulate local activity that
substantially affects interstate commerce if national
regulation is needed because states, on their own,
could not achieve the same objective
Federalism
• Issues, such as education, family, or social
matters, are retained by the states (10th
Amendment)
• The 10th amendment created an enclave of
state autonomy that the federal government
may not enter through exercise of
legislative or regulatory power.
Federalism
• States are free to operate in any arena that has
not been preempted by federal law
• Federalism provides opportunities for expression
of a wide range of conservative, moderate and
liberal positions within a national forum
• Separation of federal and state authority provides
different groups with a stake in the political
system and discourages separatist movements.
Federalism
• Legal activities of state governments, local governments
and individuals can “do” is still constrained by the
Constitution. The Constitution provides that the Laws of
the United States shall be the supreme Law of the Land;
and the Judges in every State shall be bound thereby.
• State and federal governments can have power to pass
legislation on the same subject
• In the are of food safety regulation for example, states can
issue regulations that may mirror those of the federal
government.
Federalism
• States may pass additional, more restrictive
or stringent food safety laws or regulations
than those promulgated at the federal level
• Federal government may delegate part of its
authority to state agencies, such as
permitting a state agency to conduct food
plant safety inspections on its behalf
Federalism Example
• A small retailer in Cascadia bought a large bottle of
nutritional supplements from an interstate wholesaler who
had purchased them form an out of state supplier.
• The bottle contained an unapproved food additive. The
label form the manufacturer had clearly listed that this
additive was present in the product.
• The retailer transferred 12 pill to a smaller container and
sold them in Cascadia.
• He was charged with violating provisions of the federal
Food, Drug and Cosmetics Act
Holding:
• Extension of federal jurisdiction to this apparently in-state
matter is valid.
• FDA’s role in promoting food and drug safety is national in
scope. This permits the federal government to regulate
entirely local sales of goods simply because they had crossed
a single state line sometime during production and final sale.
• Cumulative impact of countless individual sales of
unapproved, and potentially unsafe, food additives in
products sold in Cascadia, would diminish public confidence
in the food industry in other states and would deter sales in
these other states, creating a significant affect on interstate
commerce
Recent Example:
• State of Ohio brings suit against USDA to
challenge constitutionality of federal ban on
interstate shipment of state-inspected meat
• State says no “rational basis” for federal
restriction b/c state inspection programs are
certified as “at least equal to” federal
program
• So Federal restriction is violation of equal
protection and commerce clause
USDA Position
• No way to know if state program truly
functioning “at least equal to” federal
program b/c of the way state program is
monitored
• USDA not required to rely on state’s “word”
without federal oversight
• No direct control of state-inspected meat
Court
• State inspected meat not subject to federal
oversight
• Subject is “life or death matter”
• State programs examined only once in 4
years
• American Meat Institute “Amicus Brief”
– State meat plants can fall under federal
program if want to so not discriminatory
Separation of Powers
• Federal Government divided into three
branches:
– Legislative
– Executive
– Judicial
• Act as “checks and balances” to prevent any
branch from dominating the government
• States have same system
Legislative Branch
• Congress
• Two houses
– Senate
– House of Representatives
• “I’m just a bill”
• Congress passes “laws”
Executive Branch
• President is head of Executive Branch
• Enforces laws passed by the Legislature
• Federal agencies who are created by
congress through “enabling Legislation”
• Agency heads serve at “the pleasure of
president”
• DOJ is only agency that can bring
criminal charges
Judicial Branch
• Supreme and lower courts
– Federal District Courts
– Federal criminal cases
– Courts of Appeal
– Appeals from District Courts
• Supreme Court hears only “certain” cases
– Appeals from lower federal courts
– State decisions regarding US Constitution
– States vs. States
Legal Mumbo Jumbo:
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Regulation of Commerce
Power to declare war
Federal Preemption
Federal Police Power
Specialized Federal Courts:
– Tax
– Patents, Copyrights, Trademarks
• Common Law / Natural Law
Interstate Commerce
• Congress’ power to regulate foods limited to
foods that move in interstate commerce
• Jurisdictional prerequisite
• Interstate = between any State and anyplace
outside thereof…
• Commerce = any form of commercial
activity involving goods
Example:
• Michiganer goes to Wisconsin, buys cheese
for personal consumption and returns to
Mich.
• Wis. seller had no reason to know
Michiganer returning to Mich. with cheese
• This NOT interstate commerce b/c:
– Wis. seller didn’t know
– Mich. Buyer did not resell cheese, personal use