Also known as: federal systems · federalism
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional allocation of powers between the national government and the states that preserves state sovereignty while granting enumerated powers to the federal government. This structure limits federal authority to those powers expressly conferred and reserves the remainder to the states or the people.
Francesca Fiore, a U.S. citizen living abroad, signed an executive agreement with a foreign government that required her to submit to trial without a jury. She challenged the agreement in federal court, arguing it violated her constitutional rights. The court invalidated the agreement because treaties and executive agreements cannot authorize action inconsistent with the Constitution or alter federalism principles.
Faith Fitzgerald faced ongoing state criminal charges for conduct that also implicated federal interests. She asked a federal district court to enjoin the state proceeding on constitutional grounds. The court declined to intervene, citing comity and federalism absent bad faith or a patently invalid statute.
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Felicia Fuentes alleged that federal narcotics agents violated her Fourth Amendment rights during a search. She filed suit directly in federal court seeking damages. The court recognized a cause of action under federal law to vindicate the constitutional violation within the federal system.
Floyd Franklin lived with his grandchildren in a home zoned for single families only. City officials sought to enforce the ordinance against him. The court struck down the application of the zoning rule because it intruded on protected family interests reserved under the federal structure.
Flora Ford was prosecuted under a federal statute for possessing a firearm near a school. She moved to dismiss, claiming Congress lacked authority to regulate local activity. The court held the statute exceeded enumerated powers and invaded areas reserved to the states.
Fernando Farrell, a state election official, challenged federal campaign finance restrictions that dictated how state parties could raise and spend funds. He argued the rules displaced traditional state authority over elections. The court upheld the provisions as consistent with the balance of power in the federal system.
No. Each state is a separate sovereign under the federal system. The Double Jeopardy Clause limits successive prosecutions only by the same sovereign, so a conviction in Louisiana does not prevent Tennessee from prosecuting identical conduct under its own laws.
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Federal courts must abstain absent extraordinary circumstances such as bad-faith prosecution or a flagrantly unconstitutional statute. Principles of comity and federalism require deference to state proceedings that are already underway.
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No. Such agreements are not co-equal with the Constitution and cannot authorize violations of specific rights or alter structural principles like federalism. An agreement that conflicts with the Fifth Amendment is invalid.
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…solid recognition of the basic values that underlie our society, and wise appreciation of the great roles [of] the doctrines of federalism and separation of powers.” Griswold v. Connecticut , 381 U.S. 479, 501 (1965) (Harlan, J., concurring in judgment). B The majority acknowledges none of this doctrinal background,…