Supreme Court Justice Louis Brandeis once called states 'laboratories of democracy'

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

Federalist 51 argues that liberty could be protected within the national government

In Federalist 51, James Madison wrote that separating powers and pitting their ambitions against one another would restrain federal overreach from within, reducing reliance on state resistance as the sole check on national authority.

Federalist 10 argued that a large republic best protects liberty

In Federalist 10, James Madison argued that a broad federal government could better control factions than small states (like classical city-states in ancient Greece). This foundational text in American political thought reframed the Constitution as a solution to political division rather than a threat to self-government.

The debate over federalism helped produce the novel character of the United States

During ratification, Federalists argued that a strong national government was essential for national survival. Anti-Federalists warned that it could overwhelm states and threaten individual liberty—forcing compromises that shaped early American federalism and led to the adoption of the Bill of Rights.

Justice Oliver Wendell Holmes championed the idea of speech as a 'marketplace of ideas'

In his landmark dissent in Abrams v. United States, Justice Holmes argued that the best way to combat harmful ideas is through open competition—a principle that became foundational to modern First Amendment law.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

Federalism creates tension between national and state power by design

Federalism assigns authority so that neither the national government nor the states entirely dominate the other or the people they govern. By creating overlapping claims of power, the system makes negotiation, conflict, and compromise a permanent feature rather than a failure.

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

Immigration enforcement shows how federalism plays out on the ground

In recent years, federalism has shifted from allowing policy diversity across states to open conflict, with states and the federal government increasingly trying to impose their preferences on one another over issues like abortion, voting, immigration, and public health.

Federal systems are a minority among the United Nations' 193 members

Of the United Nations' 193 member countries, roughly two dozen use a federal system, dividing power constitutionally between national and subnational governments. This group includes the United States, India, Canada, Germany, and more. The video walks through examples of how these states operate.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

Opposing policies over immigration and sanctuary cities define the contemporary debate over federalism

Disputes between the federal government, Republican-controlled states, and Democratic-controlled cities over immigration enforcement and sanctuary policies have become a central flash point in modern federalism. These conflicts will shape the future of state autonomy, federal authority, and the enforcement of national policy across jurisdictions.

Watch 2 Supreme Court justices debate how the Constitution should be interpreted

In a 2009 conversation, former Justices Antonin Scalia and Stephen G. Breyer lay out competing approaches to constitutional interpretation: Scalia's textualist, strict constructionism versus Breyer's evolutionary view of the Constitution in practice.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

Hear about how the Founders placed the pursuit of happiness at the center of good governance.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

Colonial self-rule fostered strong autonomy and distrust of centralized power

American colonies were governed through a patchwork of different systems, ranging from Crown-run to locally controlled. Broad local autonomy—often followed by sudden imperial crackdowns—taught colonial leaders to prize home rule and distrust distant centralized power, attitudes that later informed US federalism.

The United States is the world's oldest continuously operating federal system under a written constitution

The US pioneered federalism in the late 18th century, and many countries later adopted federal systems to manage conflict and share power. This resource features interactive maps that trace the spread of federal systems worldwide from 1900 to the present.

The separation of powers is a pivotal component of the US Constitution

Explore how the three branches interact through the Supreme Court case of US v. Alvarez. The Supreme Court first struck down a law, then Congress and the president later revised it—illustrating how judicial review can reshape legislation and executive action.

Marshall used deft political maneuvering to increase the court's power in Marbury v. Madison

This podcast explores how Chief Justice John Marshall avoided a direct clash with President Jefferson by denying William Marbury his commission—while simultaneously declaring that courts can strike down unconstitutional laws—cementing judicial review, and expanding the Supreme Court's authority.

Thomas Jefferson and John Marshall clashed over national power and states' rights

Distant cousins Jefferson and Marshall advanced opposing constitutional visions—Jefferson favoring states' rights and local majorities, while Marshall defended broad federal authority and judicial review. Through decisions such as McCulloch v. Maryland, Marshall advanced national supremacy over state resistance.

The New Deal shifted economic and social authority to the federal government

Franklin D. Roosevelt's response to the Great Depression expanded federal power through economic regulation and social welfare programs, permanently reshaping federalism by shifting responsibility for financial security to Washington while leaving states to administer many of these programs.

Dive deep into Madison's role in promoting the Constitution through the Federalist Papers

James Madison used the Federalist Papers to shape ratification debates, explain the Constitution's design, and argue that a large republic could safeguard liberty. This podcast explores his pivotal role in the ratification of the Constitution.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

Browse a list of the most important scientific breakthroughs from each state

Although scientific discoveries involve experimentation, analysis, and collaborations among many individuals across a variety of locations, some observations, advancements, and breakthroughs have their origins in facilities within the US. These include the polio vaccine in Pennsylvania, the breathalyzer in Indiana, the observation of Pluto in Arizona, and the invention of nylon and Teflon in Delaware. (Some readers may experience a paywall.)

On the role of 'Citizenship In A Republic'

After finishing a Smithsonian-sponsored expedition to East Africa, US President Theodore Roosevelt stopped by Paris and gave a speech about the responsibilities an ordinary citizen has to their republic. Citizens must know there is no effort without error, knowing they "fail while daring greatly" in pursuit of a truly democratic republic. This podcast series on powerful speeches across history is written and narrated by historian and author Jon Meacham.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

Court-packing is the attempt to change the number of Supreme Court justices to shift the balance

Because the Constitution leaves the court's size to Congress, presidents have periodically sought to expand or reshape it. This explainer examines past efforts—including Franklin D. Roosevelt's failed 1937 plan—and why court-packing remains so controversial.

Hear leading experts on constitutional law discuss the legacy and impact of Marshall

In this podcast, constitutional scholars Michael Gerhardt (University of North Carolina) and Kevin Walsh (University of Richmond) analyze Marshall's 34-year tenure, assessing his role in establishing judicial review, expanding federal power, and shaping the court's institutional authority.

Critics argued Hamilton prioritized central power over popular sovereignty

This podcast examines Hamilton's belief in expansive federal power and why he was repeatedly labeled a monarchist—tracing how his calls for a strong executive, his life-tenure proposals at the Constitutional Convention, and his admiration for British stability fueled accusations that he favored centralized power over republican rule.

An adultery and poisoning case examined whether federal treaty power supersedes state law

This Radiolab podcast unpacks Bond v. United States, where a local love-triangle assault became a federal case under an international treaty—forcing the Supreme Court to confront a founding question: How far can federal power reach into crimes traditionally handled by the states?

As president, Thomas Jefferson expanded federal power despite opposing centralized authority

Although Jefferson argued for limited national power, his presidency expanded federal authority through actions such as the Louisiana Purchase, territorial governance, and federal enforcement—reflecting a pragmatic departure from his earlier strict interpretation of the Constitution.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

Franklin D. Roosevelt's 1937 court-packing plan sought to expand the Supreme Court—and failed

Frustrated by Supreme Court rulings against the New Deal, Franklin D. Roosevelt proposed expanding the court in 1937. The failed plan triggered fierce backlash and is regarded as the last serious presidential attempt to alter the court's size for ideological ends.

Compare how justice ministries and courts are structured around the world

The Federal Judicial Center's "Judiciaries Worldwide" series provides clear and accessible comparisons of how various countries organize their justice ministries, prosecutors, courts, and judicial councils—emphasizing global models of independence, oversight, and institutional structure.

Germany's Constitutional Court can review laws without waiting for a specific case

The German court follows a model of "abstract judicial review"—meaning it can assess the constitutionality of legislation in the abstract, rather than only in concrete disputes. Its binding decisions apply to all German courts.

Supreme Court justices serve for life

The Constitution grants Supreme Court justices lifetime appointments to shield them from electoral politics and outside pressure, a design meant to preserve judicial independence but now widely debated due to longer lifespans and partisan balances of the court.

Supporters argue that the Electoral College strengthens federalism and election stability

Defenders of the Electoral College argue it preserves federalism, forces candidates to build broad national coalitions, magnifies victory margins to reduce recount disputes, and limits incentives for voter fraud by containing the impact of contested ballots within individual states.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

The Supreme Court's first major free-speech ruling rested on a legal standard that was later overturned

In Schenck v. United States (1919), the court introduced the "clear and present danger" test—permitting the government to restrict speech that posed an immediate threat to public safety. Although the doctrine was later replaced, the ruling upheld the conviction of a man who had distributed anti-draft pamphlets.

The first test of America's war powers came just a decade after the Constitution was ratified

During the undeclared Quasi-War with France in 1800, the Supreme Court ruled in Bas v. Tingy that Congress had authorized a valid "imperfect war" through statutes alone, without a formal declaration, establishing that there is a legal spectrum between peace and declared war.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

Learn about the long and contested history of free speech in America

This podcast examines how American free speech protections evolved—from the Founders' debates to landmark Supreme Court rulings—and why the country arrived at one of the most expansive speech regimes in the world.

John Marshall inherited a marginal and largely inactive Supreme Court

By 1801, the court had little institutional authority or public standing. Its first three chief justices served only 11 years combined, and in its first decade, the court decided only 63 cases—none of which struck down a federal or state law.

Surprises you may not know about the US Constitution

This article offers intriguing and lesser known insights into the creation and content of the US Constitution. Examples include that Rhode Island disliked the Constitution so much that it almost started a civil war and that Ben Franklin was so ill he needed to be carried into the Constitutional Convention in a sedan chair.