The Jurisprudence of Justice John Paul Stevens: Selected Federalism Issues

Kenneth R. Thomas
Legislative Attorney

Structurally, the Constitution establishes a federal government with discrete, limited powers, reserving authority not given to the federal government under the Constitution to the states and the people. The uncertain contours of this dual system have often resulted in Supreme Court decisions on the reach of the federal government's limited powers and the core autonomy of the states. Congress, for example, has invoked the Commerce Clause to regulate local, and sometimes non-economic, activities that historically have been subject to regulation under state police powers. Also, Congress has invoked its power to enforce the Fourteenth Amendment to regulate state activity that might otherwise be beyond its reach. States, on the other hand, have cited the Tenth Amendment to resist what they perceive as congressional overreaching into essential state functions. 

During Justice John Paul Stevens's tenure on the Supreme Court, the Court has continued to develop its jurisprudence on these constitutional provisions in resolving tension between federal versus state authority. Justice Stevens himself has written notable opinions on a range of federalism issues. These opinions generally indicate a viewpoint that it is difficult to clearly distinguish between federal and state spheres of power, and a tendency to recognize a limited federal role in issues that affect state prerogatives and local activities.


Date of Report: May 19, 2010
Number of Pages: 10
Order Number: R41244
Price: $29.95

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