Over 250 years, the pendulum of federal versus state power has swung back and forth, and it continues even today with some of our most hot-button issues. The Evolution of American Federalism is your opportunity to step back and examine American political history through this eye-opening lens. In these 24 insightful lectures, Professor Joseph L. Hoffmann of Indiana University takes you into the heart of American law and political theory.
The Evolution of American Federalism
Survey the course of American federalism from the framing of the Constitution to the present-day debates in the Supreme Court and Congress.
Rated 5 out of
5
by
Jo Ann S from
I thought I understood federalism, but I didn't!
I found the detailed but clear explanations of complex topics really excellent - precise language and good use of examples. As a naturalized citizen (native English speaker) I thought I had learned a lot about the details of the US system of government, but this course really highlighted both the origins and current complexities of having multiple sovereign states.
Each area of law, and the amazing "stretches" that the Interstate Commerce power has gone through, brings up more food for thought about the pros and cons of federalism. This isn't the lecturer's direct purpose, but I've found myself thinking a lot about that aspect of the many twists and turns the conflicts between states and states and the federal government have taken.
I have previously taken several of the Great Courses history lectures (including America's Founding Fathers and The History of the United States) and I think that has been helpful as a preparation for this one. I also studied law (in the UK) at the undergraduate level so I find it easy to follow discussions of the details of cases and distinctions justices make.
I don't see "bias" in having opinions about cases, old or new; any lawyer would. I did not find this course political in any way.
Date published: 2024-10-25
Rated 4 out of
5
by
tommyd555 from
Seesaw Battle Between the Federal Gov & The States
This course presents a history of the seesaw power battle between the U.S. federal government and the states as told through a series of historic Supreme Court decisions through the centuries.
And while it isn’t hard to discern Professor Hoffmann’s political bias (more on that later), for the most part he delivers the goods in providing an interesting intellectual study of the interplay between federal and state law and how the balance of power between the states and the federal government has fluctuated over the years.
The layout of most of the lectures is consistent and effective: the professor starts by introducing a specific court case, explains the arguments on both sides, uses the case as a way to illustrate, discuss, and delve into a specific greater topic, outlines what both federal and state law have had to say in that space over the years, and then concludes the lecture by returning to the initial case, describing its outcome/decision. This serves as a great way to understand how federalism has evolved in specific arenas of real everyday life.
Another positive highlight is his frequent attempts to analyze the mindsets and intentions of the framers of the Constitution. Just what were they setting out to achieve at that famous convention? How did they think they could make the Constitution palatable to a strong contingent of individuals who owed their allegiance more to their own individual states than this new concept of a federal entity? What strategies did they employ to assure those who feared a strong centralized government---one in which they just fought against for independence? Should they use a hard-handed approach or a more subtle one? Lecture 9 touches on these questions as well as the evolution of the concept of US citizenship and is by far the greatest lecture in the series.
Unfortunately, the discussion sojourns into politics at times and while the professor, for the most part, steers clear of blatant bias, it is evident he does not think highly of the “right”/conservatives/Republicans as evidenced by him mockingly calling a border wall “that big, beautiful wall” and his claim of voting rights still being suppressed today. There are other examples that makes this independent’s eyes roll. I understand everyone has their own biases and it seems like now a days everyone is either one side or the other but believe it or not independents like myself do exist and I wish professors would make stronger efforts to recognize there is indeed a way to present both sides even handedly. But I guess it starts with them recognizing when something IS actually political vs. assuming their view point is the “common sense”/only logical approach and this is hard for a lot of people.
I was also very surprised the professor did not go into much more in-depth analysis of the Supreme Court decision District of Columbia V. Heller (in which the right of individual ownership of guns was protected). Where were the explanations behind the reasoning of the majority or the arguments for the dissenting view? No mention of how both had used original intent as their argument but came to different conclusions. I expected coverage of this seminal case to be similar to what we got from lecture 23 of Professor Berger’s course “The US Constitution through History”.
Overall, I am very fortunate that TGC produced this course and that Professor Hoffman taught it. It is a fascinating topic and I certainly learned a lot. I would recommend it to everyone that has an interest in federal vs. states power, landmark Supreme Court decisions, and a love for the US Constitution and the American Federalism the framers devised.
Date published: 2024-10-10
Rated 2 out of
5
by
K Nelson from
Seems Pretty Biased
Seems pretty biased against one political party. I was hoping for a more balanced approach.
Date published: 2024-10-06
Rated 5 out of
5
by
the professor from
Dual Sovereignty and American Federalism
Professor Joseph L. Hoffmann, JD., presents a course that every American should take. Mr. Hoffmann very clearly explains the conflicting thoughts and resolutions, the Founding Fathers encountered during evolution of the U.S. Constitution, and their concerns about an all to powerful and tyrannical federal government. The professor is very captivating and flows very smoothly through each issue, using SCOTUS decisions as his research base. This writer is a fan of reading these decisions as they present the mindset of the court; right or wrong! Professor Hoffmann, due to lecture time constraints is limited in the amount of legal data presented relative to the topic, but does a noble job of being objective and fair. The lecture on Environmental Protection was very light on the need for Federal laws, and did not touch on key issues such as Love Canal, Times Beach, Bhopol India and the development of, Community-Right-To-Know laws, and Superfund. This course is so rich in legal framework that I am going to rewatch it. I highly recommend this course and the Outstanding professor and it worth the investment.
Date published: 2024-09-29
Rated 5 out of
5
by
cpr_norcal from
Very Absorbing, Extremely Topical
I got a great deal out of this course. It caused me to be more interested in law than any previous experiences. Dr. Hoffman presents in a very clear and understandable manner the origins and evolution of the separation and overlapping of federal and state authority. Very informative for me, a person who believes far too much power is vested at the state level, as evidenced by the grossly unequal treatment of citizens in different states and the accelerating polarization in our Splintered States of America. Very relevant and extremely interesting course, I had to hold back on binge watching to extend my enjoyment. One of the best of the hundreds of courses I've taken from TGC. Highly recommended.
Date published: 2024-09-28
Rated 4 out of
5
by
EngineerinVA from
Important Topic Not Optimally Presented
Dr. Hoffmann posits that much of United States legal history (and much of US history in general) can be understood as seeking a balance between the power of the national government on the one hand and the power of the state governments on the other hand. He examines this thesis by looking at the evolution of Supreme Court decisions on a variety of topics.
The course begins with two lectures on the basic concept of federalism. After that, the course takes a topical approach examining such topics as the right to keep and bear arms, free speech, abortion, etc. Within each topical lecture, Dr. Hoffmann outlines the evolution of the case law with special emphasis on the influence by and the effect on federalism. His point is that if the states have too much power relative to the national government, then the country devolves into anarchy and abuse but if the national government has too much power relative to the state governments, then the country devolves into tyranny and abuse. Only a tenuous balance maintains freedom and that balancing point may change depending on national and world circumstances.
Dr. Hoffmann is far from a scintillating lecturer but he is good enough. He is not always clear in distinguishing between his liberal opinions and the case law. Other law lecturers for The Great Courses (TGC) are liberal (perhaps more so) but are better at maintaining objectivity.
The course guide is good by TGC standards. It is in paragraph format as opposed to outline or bullet format and it averages about 7 pages per lecture, which is typical for TGC courses. I felt that only one graphic was useful. There were no appendices although each lecture ended with a short recommended reading list.
I used the video version. As of 2024, the course was available in video or DVD from TGC and audio from Audible. There were few useful graphics so one can listen to the course in audio-only mode as when driving or exercising.
The course was published in 2024.
My rating system:
5 Stars – Every TGC customer should take this course
4 Stars – Recommended
3 Stars – Go ahead and take it
2 Stars – Not recommended
1 Stars – Yuck
Date published: 2024-09-24
Rated 5 out of
5
by
wcsj from
Great Video on Federalism
Gives a great understanding of how the constitution applies to state and federal governments and their enactments and enforcements of their laws, and gives great insight to many items in the news concerning the current tug-of-war between the states and the federal government.
Date published: 2024-09-24
Overview
About
Joseph L. Hoffmann is the Harry Pratter Professor of Law Emeritus at Indiana University Maurer School of Law, where he has taught since 1986. He earned his JD from the University of Washington School of Law. He has taught about American federalism at leading universities in France, Germany, Hungary, India, Japan, Kazakhstan, Poland, and Thailand. At Indiana University, he has received the Leon H. Wallace Teaching Award, the Trustees’ Teaching Award, the Teaching Excellence Recognition Award, and the Gavel Award.
Trailer
01: Federalism: America’s Great Innovation
Begin your study of federalism with a look at the 2000 presidential election dispute between George W. Bush and Al Gore. Examine the historical context and philosophical foundations of federalism. Then, reflect on how the balance of power between state and federal governments continues to shape our politics today.
31 min
02: How Federalism Shapes American Politics
Step back to the founding of America to explore the rise of our two-party political system. Professor Hoffmann walks you through six phases of party politics, including Jacksonian Democracy, Reconstruction, the Progressive Era, and party realignment during the Civil Rights Era.
29 min
03: States Can’t Nullify Federal Law
The Supremacy Clause in the Constitution declares that federal law is “the supreme law of the land.” Yet throughout our history, federal and state governments have clashed over interpretations of the law and states’ rights. From the Alien and Sedition Acts to Brown v. Board of Education, survey this rocky relationship.
31 min
04: The Federal Government Can Tax and Spend
Although federal law reigns supreme, the Constitution outlines a limited domain for federal authority. In this first of several lectures on federal power, you will learn about the power of taxing and spending—and the implication for state policies and national economic strategy. Review the unique status of health care in contemporary America.
29 min
05: Guns, the Military, and Foreign Affairs
National defense is a key function of the government, but our Constitution creates a dual system to ensure a strong yet balanced federal government. Dive into this system and explore its implications for military operations and foreign policy. This lecture also takes you into the controversial world of gun rights and the Second Amendment.
29 min
06: Borders, Immigration, and Citizenship
Shift your attention from guns to immigration, which has been a complex issue for the United States ever since the 18th century. Professor Hoffmann explores the historical and contemporary challenges of managing borders, immigration laws, and the process of becoming a citizen.
31 min
07: Commerce Clause: A Source of Federal Power
The Commerce Clause in the Constitution underpins much of the 20th century’s federal authority. In this first of two lectures, you will delve into the world of interstate commerce. You will see how the Lochner Era (roughly 1905-1937) curtailed federal regulations, and then how New Deal legislation expanded federal power.
30 min
08: Commerce Clause: A Limit on State Power
Continue your study of the Commerce Clause by looking at the boundaries of state authority and the impact on interstate economic activities. Professor Hoffmann walks you through case law about regulations ranging from the environment to sales taxes on alcohol. He concludes with a look at how current state laws aim to regulate internet content.
29 min
09: How Federal Citizenship Emerged
Federalism is a dynamic system, constantly evolving with the will of the electorate. Here, learn how the Civil War and the 14th Amendment reshaped the nature of federal citizenship with a guarantee of due process and equal protection. Then consider the push-pull of progress and regression over the decades.
29 min
10: Equal Protection’s Failed Promise
After the Civil War, the 14th Amendment promised equal protection under the law, but the nation didn’t change on a dime. In this lecture, you will unpack pivotal moments such as the Tulsa Race Massacre and legal decisions including Brown v. Board of Education—all of which highlight the gap between constitutional promises and social realities.
30 min
11: Prohibiting Private Discrimination
Continue your exploration of equal protection with an in-depth look at the Civil Rights Act of 1964. Review the movements and legislation that built up to this watershed moment, and then reflect on how federal law combats private discrimination. Conclude with some contemporary implications for religious freedom and anti-discrimination laws.
30 min
12: Due Process Transforms Federalism
In addition to equal protection, the 14th Amendment’s Due Process clause has had far-reaching implications for American life. Here, Professor Hoffmann examines the transformative role of the Due Process Clause in reshaping state criminal procedures and protecting individual rights.
29 min
13: Habeas Corpus Helps Enforce Federal Law
Habeas Corpus—a concept going back to the Magna Carta of 1215—is enshrined in the U.S. Constitution to protect citizens from unlawful detention. As federalism evolved, particularly over the last 60 years, the right of habeas corpus has been expanded and restricted. Uncover the legal status of habeas corpus today.
31 min
14: Sex, Marriage, and Reproductive Rights
As you will discover in this lecture, the Due Process Clause has far broader implications than criminal procedure—including privacy, marriage rights, and reproductive rights. Dig into cases such as Obergefell v. Hodges, Roe v. Wade, and Dobbs v. Jackson Women’s Health Organization, as well as the internal battles of the Supreme Court.
31 min
15: Alcohol and Drug Regulation
Who regulates alcohol, marijuana, and other controlled substances? What happens when states legalize a substance that is illegal under federal law? Dive into the history and current status of drug regulation and the tension between public health and individual rights, as well as state versus federal law.
33 min
16: Public Health and Homeland Security
Crises tend to upend the status of federalism. In our era of pandemics and terrorism, lawmakers have the difficult job of balancing the right to freedom with the need for public health and homeland security. Learn about “plenary power” and the shift from state to federal sovereignty in the 21st century.
32 min
17: Environmental Protection
In the realm of environmental regulation, the tension between federal and state power can tell us much about the flexibility of federalism. Here, walk through federal legislation in the 1970s such as the Clean Water Act. Then, turn to the role of federal waivers that allow California’s environmental laws to dominate national policy.
32 min
18: Voting Rights
The Constitution offers little guidance around voting, with elections primarily administered at the state level. However, Reconstruction, the women’s suffrage movement, and the Voting Rights Act have all provided a measure of federal oversight to ensure electoral integrity as well as voting rights for all.
32 min
19: One Person, One Vote
The Supreme Court case of Reynolds v. Sims ensures the principle of “one person, one vote” in American politics. Yet state-level gerrymandering and redistricting efforts raise questions about representation and the impact of “one vote.” Review the ongoing battle between voter suppression and equal protection.
33 min
20: Equal Rights for Women
Chart the struggle for women’s rights from Supreme Court decisions such as Griswold v. Connecticut and Title IX legislation, through the failed efforts to ratify the Equal Rights Amendment (ERA). See how state-level constitutional protections are leading the way toward broader equal protections for women.
33 min
21: Native American Rights
Native American tribes have a unique status in U.S. law thanks to various treaties, federal policies, and court decisions. In this lecture, you will learn about tribal sovereignty, land rights, and efforts to rectify historical injustices. Consider the need for cultural preservation while striving for economic opportunities.
33 min
22: Congress Can Preempt State Law
What happens when state laws conflict with federal laws? How much can the states regulate around immigration, environmental laws, and consumer protection? Revisit the balance between federal and state authority with this lecture on the “Preemption Doctrine.”
32 min
23: Residual State Powers and the Tenth Amendment
In our federalist system, battles over states’ rights and federal mandates continue. Here, analyze the role of the 10th Amendment in preserving state powers within the federal system. Professor Hoffmann surveys labor laws, anti-commandeering cases, and the role of local sheriffs in enforcing federal laws.
32 min
24: Aggressive Federalism: The Battle Continues
Wrap up the course by exploring the concept of “aggressive federalism,” where states and local governments actively oppose or circumvent federal laws and policies. Innovative legal strategies demonstrate that the compromises and negotiations of our federal system continue.
35 min
