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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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LIMITED TIME OFFER: Save More Than 50% Off the Monthly Plan with this Annual Plan Special Offer! Offer Ends 06/22/2025.

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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

Overview Course No. 30670

“Federalism” is a political concept referring to the balance of power between the federal and state governments. Where does state power end and federal power begin? What role should the national government play in our local lives? How do you secure a stable nation while also guarding against tyranny?

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 traces the history of American federalism, from the nation’s founding through some of the most important debates and consequences in the domain of political theory, including:

The emergence of our two-party political system;
Civil rights and the limits of state power;
The Commerce Clause, taxation, and the scope of federal regulation;
Due process and equal protection; and
Balancing power during a pandemic.

As you will discover throughout this course, balance is at the heart of the American experiment. Despite occasional episodes of tension, confusion, and even chaos, federalism truly represents America’s greatest gift to the world of political theory. With each staggering step forward, American history has expanded the opportunities for every American to enjoy the promise of life, liberty, and the pursuit of happiness.

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About

Joseph L. Hoffmann

Federalism has defined the history, politics, and governance of the United States from its beginnings right up to the present day—and Federalism continues to evolve with the changing needs and interests of the American people.

ALMA MATER

University of Washington School of Law

INSTITUTION

Indiana University Maurer School of Law

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.