Courts referee federalism disputes between Congress and the states

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.

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.

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.

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

Louis Brandeis argued that federalism allows states to experiment with new policies without committing the entire nation, thereby allowing successful ideas to spread while limiting the risks of failure.

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.

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 Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

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 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.

The United States is one of only around two dozen countries with a fully federal system of government, in which power is divided between national and state governments.

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.

Read the Federalist Papers—the essays that defended the proposed Constitution

Written between 1787 and 1788, the Federalist Papers—85 essays by Alexander Hamilton, James Madison, and John Jay—defended the Constitution and articulated the logic of federalism. They remain a key guide to the original interpretation 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.

The rivalry between Alexander Hamilton and Thomas Jefferson centered on federalism—the question of how much power the federal government should hold relative to the states.

The solicitor general argues the federal government's cases before the Supreme Court

Sometimes called the "10th justice," the solicitor general is the DOJ official responsible for representing the United States before the Supreme Court—deciding which cases the government will appeal, filing briefs, and arguing on behalf of federal interests.

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.

The Supreme Court term runs from October to June

The Supreme Court of the United States begins each term on the first Monday in October, alternating two-week sittings and recesses, hearing arguments mainly on Mondays through Wednesdays, and deciding which of thousands of petitions will receive full review.

When state and local laws conflict, state law almost always prevails

Courts generally side with state law when it conflicts with a local ordinance. Whether the contradiction is explicitly stated or merely implied by the two laws, state authority typically prevails.

The Federal Reserve is the central bank of the US

No institution wields more power in US finance than the Federal Reserve—but opinion polls indicate that most Americans don't know what it does. Curious about the country's central bank? 1440's got your breakdown of how the Federal Reserve works.

The commerce clause gives the federal government authority to regulate interstate economic activity

This short constitutional provision has allowed Congress to regulate everything from wheat production to racial segregation, greatly expanding federal power by linking national authority to interstate economic activity.

The vast majority of federal criminal cases never reach a jury

In fiscal year 2022, nearly 90% of federal defendants pleaded guilty, and another 8% had their cases dismissed. This means just 2% went to trial at all, making a trial by jury a rare outcome in the modern federal court system.

Tribal courts handle justice on reservations, but face strict limits on whom they can prosecute

Reservation-based courts handle civil and criminal cases, but federal law sharply limits their authority over non-tribal members. As a result, non-Native individuals who commit crimes on reservations often fall outside tribal jurisdiction, creating potential gaps in accountability.

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?

Congress has the power to enact laws related to bankruptcy, thanks to the US Constitution

It has done just that since 1800. This legislation, which outlines the various types of bankruptcy filings, has evolved over time. The most recent iteration is the Bankruptcy Reform Act of 1978, which introduced Chapter 11 filings in an effort to make the process easier for businesses and individuals.

The Religious Freedom Restoration Act of 1993 restricted the government's ability to limit religious practice

Congress enacted RFRA in response to the Supreme Court's decision in Employment Division v. Smith. The law requires the government to use the least restrictive means before substantially burdening an individual's religious exercise.

Can courts end partisan gerrymandering?

This podcast explored whether courts can rein in partisan map-drawing, focusing on North Carolina's 2023 redistricting battle, the Moore v. Harper case, and the controversial "independent state legislature" theory.

Read the Federal Trade Commission's legal definition of a monopoly

The Federal Trade Commission and the US Department of Justice (DOJ) Antitrust Division are the regulatory agencies responsible for overseeing antitrust laws. Before deeming any company a monopoly or acknowledging monopolistic power in a market, the FTC conducts thorough research into market competition, price, and even other competitors' business practices.

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

Trace how the Bill of Rights, inspired by centuries of political theory, took shape between 1774 and 1789.

Despite being favored by 87% of Americans, Congress does not have term limits.

The idea for the Federal Reserve was conceived in secret in 1910—with bankers donning duck hunt gear for disguise while traveling to a remote country club on Georgia's Jekyll Island

Long before Major League Baseball began allowing instant replay for balls and strikes, an umpire reluctantly used the technology to determine whether a hit was a home run, a move that inadvertently ushered in a new era for the sport.

Gerrymandering works through two techniques: cracking opposing voters across districts to dilute their power, and packing them into a few to waste their votes in lopsided majorities.

See this overview of the firework rules across all 50 states, ranging from a complete ban on non-professional fireworks in Massachusetts to states with more lax rules like Indiana.

The USPS spent $3.97B in 2024, accounting for .058% of the federal budget.

Hedge funds, the private investment firms that trade a wide swath of financial assets, make money by imposing steep fees on investors and from the fund's investment performance.

The 19th-century painters of the Hudson River School were among the first American romantics, with portraits that displayed the natural beauty of the young country.

Chaos theory—informally known as the butterfly effect—is the reason why weather forecasts are presented with probabilities rather than certainties.

As of 2025, the most cited papers in science include a review of graphene, methods to improve image recognition, streamlining electron density calculations, and optimizing protein studies.

The Brothers Grimm were lawyers before they were storytellers, and became interested in fairy tales as they began investigating how rules and customs had been passed down through cultures.

Legendary architect Frank Lloyd Wright designed the SC Johnson headquarters in Wisconsin, aiming to make a cathedral-like workplace

The first steps to rebuilding your credit score include getting to know exactly what's on your credit report and figuring out how far you are from the '700 club,' or 'good score' range.

All rainbows are 'raincircles' caused by water droplets separating white sunlight into a spectrum of colors, but Earth's surface blocks the bottom half of the circle from our line of sight.

Iran's Revolutionary Guard Corps is independent of Iran's regular army and is one of the most powerful and influential military-political organizations in the Middle East.

Doctors differentiate between a phobia and fear by asking patients whether their fear interferes with their day-to-day activities.

The use of fungi to detoxify land and water—a process known as mycoremediation—has been used to clean up natural resources affected by the 2025 California wildfires.

The word 'jazz' evolved from 'jasm,' 19th-century American slang for 'energy'

20,000 letters to the advice columnist 'Dear Abby' provide insight into prevailing sex, religion, and LGBTQ fears, anxieties, and concerns from the 1950s onward.

SpongeBob exemplifies Aristotle's philosophy for living well because he understands that happiness doesn't come from external factors like money, recognition, or power.