Everything You Wanted to Know About Federalism But Were Afraid to Ask

Steve, Mack, and Anne dig into the power dynamics of these United States. REFERENCES What about Washington, D.C.? Duignan, Brian. “What State Is Washington, D.C. In?” June 13, 2025. Britannica. https://www.britannica.com/story/what-state-is-washington-dc-in Federalism is… Legal Information Institute. “Federalism.” https://www.law.cornell.edu/wex/federalism We should start with the Tenth Amendment: Constitution Annotated. “Tenth Amendment.” https://constitution.congress.gov/constitution/amendment-10/ When James Madison and the first Congress under the Constitution were drafting a Bill of Rights: NCC Staff. “On This Day: James Madison Introduces the Bill of Rights.” June 8, 2023. National Constitution Center. https://constitutioncenter.org/blog/on-this-day-james-madison-introduces-the-bill-of-rights There were 12 proposed amendments: National Archives. “Bill of Rights.” Reviewed August 13, 2020. https://www.archives.gov/legislative/features/bor Mel Brooks and History of the World: https://youtu.be/I48hr8HhDv0?si=i9tGvexOWMqa99Km So, in Article 1, Section 8, are the powers of Congress: Constitution Annotated. “Article I Legislative Branch: Section 8 Enumerated Powers.” https://constitution.congress.gov/browse/article-1/section-8/ Article 1, Section 9, are powers denied to Congress: Constitution Annotated. “Article I Legislative Branch: Section 9 Powers Denied Congress.” https://constitution.congress.gov/browse/article-1/section-9/ Article 1, Section 10, are powers denied to the states: Constitution Annotated. “Article I Legislative Branch: Section 10 Powers Denied States.” https://constitution.congress.gov/browse/article-1/section-10/ During the revolution, we were basically a confederation: National Archives. “Articles of Confederation (1777).” https://www.archives.gov/milestone-documents/articles-of-confederation The states always had power, and originally it was royal charters: Yale Law School. “Colonial Charters, Grants, and Related Documents.” https://avalon.law.yale.edu/subject_menus/statech.asp They were all British, the original 13: Ray, Michael. “In What Order Were the 13 American Colonies Established?” July 2, 2025. Britannica. https://www.britannica.com/topic/In-What-Order-Were-the-13-American-Colonies-Established Maryland—go Catholics:  History.com Editors. “The Settlement of Maryland.” Updated May 28, 2025. History.com. https://www.history.com/this-day-in-history/march-25/the-settlement-of-maryland The acts of Parliament that got everybody head up: American Battlefield Trust. “The Acts That Fueled Rebellion.” January 1, 2024. https://www.battlefields.org/learn/articles/acts-fueled-rebellion Parliament declares Massachusetts to be in rebellion: The Falmouth Historical Society. “250 Years Ago: Parliament Declares Massachusetts to be in a State of Rebellion!” https://www.thefhs.org/250-Rebellion Part of that was going through the shared experience of the French and Indian War:  Office of the Historian. “French and Indian War/Seven Years’ War, 1754–63.” https://history.state.gov/milestones/1750-1775/french-indian-war The Empire is the part you’re living in: Britannica Editors. “British Empire.” December 1, 2025. https://www.britannica.com/place/British-Empire Like Jonathan Edwards: Schafer, Thomas A. “Jonathan Edwards.” October 1, 2025. Britannica. https://www.britannica.com/biography/Jonathan-Edwards They were real assholes: Mayer, Alicia. “Dominating the Unsaved: The Different Other and Cultural Imperialism in the New England Puritan Way.” April 9, 2024. Center for the Study of World Religions. https://cswr.hds.harvard.edu/news/2024/04/10/dominating-unsaved-different-other-and-cultural-imperialism-new-england-puritan-way There were Tories: Britannica Editors. “Loyalist.” January 31, 2025. Britannica. https://www.britannica.com/topic/loyalist Not even the Epstein files: Quinnipiac University. “63% Of Voters Disapprove of the Trump Administration's Handling of the Jeffrey Epstein Files, Quinnipiac University National Poll Finds; Nearly Half of Voters Would Consider Joining A Third Party, Just Not One Created by Elon Musk.” July 16, 2025. https://poll.qu.edu/poll-release?releaseid=3928 Or the fact that the Earth is round: Foster, Craig A. and Branch, Glenn. “Do People Really Think Earth Might Be Flat?” August 21, 2018. Scientific American. https://www.scientificamerican.com/blog/observations/do-people-really-think-earth-might-be-flat/ Or Nazis: Roston, Aram and Urquhart, Jim. “American Nazis: The Aryan Freedom Network is Riding High in Trump Era.” Updated August 10, 2025. Reuters. https://www.reuters.com/investigations/american-nazis-aryan-freedom-network-is-riding-high-trump-era-2025-08-08/  Or that contrails are just contrails: Asmelash, Leah. “The Truth Behind Those White Streaks Trailing Behind Jets in the Sky.”  March 12, 2024. CNN. https://www.cnn.com/us/chemtrails-conspiracy-theory-explained-cec That chocolate milk comes from brown cows: Coleman, Nancy. “Chocolate Milk Definitely Doesn’t Come From Brown Cows—But Some Adults Think Otherwise.” June 16, 2017. CNN. https://www.cnn.com/2017/06/16/us/chocolate-milk-help-trnd They had a lot of complaints with Parliament: Library of Congress. “Documents from the Continental Congress and the Constitutional Convention.”  https://www.loc.gov/collections/continental-congress-and-constitutional-convention-from-1774-to-1789/articles-and-essays/timeline/1764-to-1765/ No, I’m sending Hessians after you: Head, David. “Hessians.” Mount Vernon. https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/hessians Which, by the way, is not a single document: The Constitution Society. “The UK Constitution.” https://consoc.org.uk/the-constitution-explained/the-uk-constitution/ At Annapolis: Lluberes, Cornelia. “Annapolis Convention.” Updated May 30, 2025. Mount Vernon. https://www.mountvernon.org/library/digitalhistory/digital-encyclopedia/article/annapolis-convention Did you want to skip them: United States House of Representatives. “Continental and Confederation Congresses.” https://history.house.gov/People/Continental-Congress/Continental-Confederation-Congresses/ It was explicitly to amend the Articles of Confederation, and they went a little above and beyond that: National Archives. “The Constitution: How Did it Happen?” https://www.archives.gov/founding-docs/constitution/how-did-it-happen In the debates over ratification: Glover, Lorri. “Nothing Inevitable: The Struggle for Ratification.” Organization of American Historians. https://www.oah.org/tah/the-american-republic/nothing-inevitable-the-struggle-for-ratification/ Including the Federalist Papers: Library of Congress. “Full Text of The Federalist Papers.” https://guides.loc.gov/federalist-papers/full-text Oh, and Patrick Henry, who comes out opposed to the Constitution: Red Hill. “We the People? Or We the States?” https://www.redhill.org/speeches-writings/we-the-people-or-we-the-states/?srsltid=AfmBOorTAXTXp9hDfmHo-EbbyHOJtG7-XJPpVlAmAU3aliOJnyqrTRHV Speaking of themes in American politics: Hira, Elizabeth. “The Government Has a Long History of Controlling Women—One That Never Ended.” November 9, 2021. Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/government-has-long-history-controlling-women-one-never-ended Federalists, meaning people who were in support of the Constitution: Britannica Editors. “Federalist Party.” September 25, 2025. Britannica. https://www.britannica.com/topic/Federalist-Party In the Virginia plan: National Archives. “Virginia Plan (1787).” https://www.archives.gov/milestone-documents/virginia-plan They had guys who had studied this: National Archives. “Constitution of the United States—A History.” https://www.archives.gov/founding-docs/more-perfect-union Especially John Adams: National Constitution Center. “John Adams.” https://constitutioncenter.org/signers/john-adams Just to clarify, neither Adams nor Jefferson were at the Constitutional Convention: Center for the Study of the American Constitution. “Adams and Jefferson: ‘The North and South Poles of the American Revolution.’” June 18, 2025. https://csac.history.wisc.edu/2025/06/18/adams-and-jefferson-the-north-and-south-poles-of-the-american-revolution/ The phrase imperium in imperio: https://www.merriam-webster.com/dictionary/imperium%20in%20imperio You have the Ninth Amendment in there: Constitution Annotated. “Ninth Amendment.” https://constitution.congress.gov/constitution/amendment-9/ Expansive commerce much: Barnett, Randy E. and Koppelman, Andrew. “The Commerce Clause.” Constitution Center. https://constitutioncenter.org/the-constitution/articles/article-i/clauses/752 What you call natural law jurisprudence: Himma, Kenneth Einar. “Natural Law.” Internet Encyclopedia of Philosophy. https://iep.utm.edu/natlaw/ Everybody should read Griswold v. Connecticut: Oyez. “Griswold v. Connecticut.” https://www.oyez.org/cases/1964/496 The Dobbs case… Oyez. “Dobbs v. Jackson Women’s Health Organization.” https://www.oyez.org/cases/2021/19-1392  …which overturned Roe: Oyez. “Roe v. Wade.” https://www.oyez.org/cases/1971/70-18 That’s where you’ve got the penumbra of whatever: Legal Information Institute. “Penumbra.” Reviewed August 2024. https://www.law.cornell.edu/wex/penumbra So they said Fourth Amendment—privacy: Constitution Annotated. “Fourth Amendment.” https://constitution.congress.gov/constitution/amendment-4/ Fourteenth, that’s what we’re getting to: Constitution Annotated. “Fourteenth Amendment.” https://constitution.congress.gov/constitution/amendment-14/ Barron v. Baltimore: Oyez. “Barron ex rel. Tiernan v. Mayor of Baltimore.” https://www.oyez.org/cases/1789-1850/32us243 Those are referred to as reserved powers: https://www.merriam-webster.com/dictionary/reserved%20power In the Thirteenth…: Constitution Annotated. “Thirteenth Amendment.” https://constitution.congress.gov/constitution/amendment-13/ …and Fifteenth Amendments: Constitution Annotated. “Fifteenth Amendment.” https://constitution.congress.gov/constitution/amendment-15/ Outside of imprisonment: Mast, Nina. “Forced Prison Labor in the ‘Land of the Free’.” January 16, 2025. Economic Policy Institute. https://www.epi.org/publication/rooted-racism-prison-labor/ Take freedom of speech: Constitution Annotated. “First Amendment.” https://constitution.congress.gov/constitution/amendment-1/ If enough of the states say “Yeah, we agree,”: National Archives. “Constitutional Amendment Process.” https://www.archives.gov/federal-register/constitution If you read the Congressional record: Library of Congress. “14th Amendment to the U.S. Constitution: Primary Documents in American History.” https://guides.loc.gov/14th-amendment/digital-collections The Supreme Court starts doing the whole narrow interpretation: Law.com “Strict Construction.” https://dictionary.law.com/default.aspx?selected=2028 Including Plessy v. Ferguson: Oyez. “Plessy v. Ferguson.” https://www.oyez.org/cases/1850-1900/163us537 Like the right to marry whoever you want: Head, Tom. “Timeline and History of Marriage Rights.” Updated May 13, 2025. ThoughtCo. https://www.thoughtco.com/marriage-rights-history-721314 It’s called selective incorporation: Supreme Court Historical Society. “Selective Incorporation.” https://civics.supremecourthistory.org/article/selective-incorporation/ That goes to Article III: Constitution Annotated. “Article III.” https://constitution.congress.gov/constitution/article-3/ Which is also why the Second Amendment doesn’t get incorporated until 2000-whatever: Constitution Annotated. “Second Amendment.” https://constitution.congress.gov/constitution/amendment-2/ NCC staff. “On This Day, A Divided Supreme Court Rules on the Second Amendment.” June 28, 2023. National Constitution Center. https://constitutioncenter.org/blog/on-this-day-a-divided-supreme-court-rules-on-the-second-amendment Now, Seventh Amendment: Constitution Annotated. “Seventh Amendment.” https://constitution.congress.gov/constitution/amendment-7/ Which is why the Nazis got to march in Skokie, Illinois: Oyez. “National Socialist Party of America v. Village of Skokie.” https://www.oyez.org/cases/1976/76-1786 Like, legalizing marijuana: DISA. “Marijuana Legality Map.” Updated December 1, 2025. https://disa.com/marijuana-legality-by-state/ Battle of the Waldorfs (both recommended): Waldorf 1: 2 oz orange liquor, 1 oz sweet vermouth, 1/2 teaspoon grenadine Waldorf 2: 1½ oz rye whiskey, 1 oz sweet vermouth, splash of absinthe, dashes of Angostura orange bitters Special radishes: Specialty Produce. “French Breakfast Radish.” https://specialtyproduce.com/produce/French_Breakfast_Radish_417.php Mack’s face: https://youtu.be/0BoALUr8UoQ?si=NZ5ZTNyUVa7nJJB_ Eldridge Highball (NOT recommended): https://www.diffordsguide.com/cocktails/recipe/37447/eldridge-highball What Steve is watching: Firefly. 2002. Fox. What Mack is reading: Bram Stoker. Dracula. Archibald Constable and Company. 1897. It’s an epistolary novel: https://www.merriam-webster.com/dictionary/epistolary A new Dracula movie by Luc Besson: https://youtu.be/mDfdNTf4FA0?si=-iphMcXmTp2A-YTX The original Hollywood Dracula, Bela Lugosi: https://www.imdb.com/title/tt0021814/ The Coppola: https://www.imdb.com/title/tt0103874/ An Anne-hattan: Make a Manhattan with as little bitters as possible. In fact, none is fine. Article IV stuff: Constitution Annotated. “Article IV.” https://constitution.congress.gov/constitution/article-4/ There was recently a blue wave: Ax, Josheph; Tsvetkova, Maria; and Reid, Tim. “Democrats Sweep First Major Elections of Second Trump Term.” November 5, 2025. Reuters. https://www.reuters.com/world/us/elections-new-york-new-jersey-virginia-offer-early-test-trumps-agenda-2025-11-04/ And Buffy was a cheerleader turned vampire hunter. She saved the world a lot. But you already knew that.