Roles of the U.S. Supreme Court in American Federalism

The Supreme Court of the United States has played major roles in shaping American federalism since the start of the republic. In 1793, the Court ordered Georgia to pay two South Carolina residents a debt owed to them.1 The decision prompted ratification of the Eleventh Amendment to the U.S. Constitution in 1795, which protects states’ sovereign immunity by prohibiting citizens of a U.S. state from suing another state in federal court.2 Overall, the Court has supported centralization, especially since 1937, although, at times, the Court protects powers of the states against centralization.3 The Court has never formulated a coherent federalism doctrine, but it has set forth various narrow doctrines that protect states’ powers in some ways. The United States has a dual federal system in which the federal government is granted specific powers enumerated in the U.S. Constitution. All other powers are reserved to the states, including the important police power, which is the authority of states to legislate for the health, safety, welfare, and morals of their citizens. Significant domestic powers of the federal government include its independent tax and expenditure powers and authority to regulate interstate and foreign commerce. The Constitution’s “necessary and proper” clause (Art. I, Sec. 8) allows Congress to interpret its delegated powers broadly; its “supremacy clause” (Art. VI) ensures that the U.S. Constitution, treaties, and federal laws enacted pursuant to the Constitution prevail in conflicts with state constitutions and statutes. The nine members of the Court are nominated by the President and confirmed by the U.S. Senate. Justices serve until they resign, retire, die, or are impeached and removed from the Court by Congress.4 Congress can increase but not decrease justices’ salaries during their service. One can divide the Court’s history into four periods.