Below you will find pages that utilize the taxonomy term “Federalism”
Insurrection Act
Insurrection Act (1807)
1) Link to the Text of the Act
Read the statute (10 U.S.C. §§ 251–255)
2) Why It Was Done
Passed to provide the President with authority to deploy military forces domestically to respond to insurrections, enforce federal law, and protect civil rights when states are unwilling or unable to act.
3) Pre-existing Law or Constitutional Rights
It built on earlier militia statutes (like the Militia Acts of 1792), giving the executive clearer authority to use federal forces. Operates as an exception to the Posse Comitatus Act.
Posse Comitatus Act
Posse Comitatus Act (1878)
1) Link to the Text of the Act
Read the statute (18 U.S.C. § 1385)
2) Why It Was Done
Enacted after Reconstruction to limit the use of the U.S. Army in domestic law enforcement. It reinforced the separation between military and civilian authority.
3) Pre-existing Law or Constitutional Rights
The Constitution already divides civil and military powers, but before this law, federal troops were frequently used to enforce laws and support Reconstruction governments. This Act codified stricter limits.
Clean Air Act (CAA)
Clean Air Act (CAA) (1970)
1) Link to the Text of the Act
Read the statute (42 U.S.C. § 7401 et seq.)
2) Why It Was Done
The CAA established a comprehensive federal program to regulate air emissions from stationary and mobile sources, protect public health, and improve air quality.
3) Pre-existing Law or Constitutional Rights
Built on earlier air quality statutes (1955, 1963, 1967). The 1970 Act created the modern framework for federal and state cooperation, including the establishment of the Environmental Protection Agency (EPA).
Clean Water Act (CWA)
Clean Water Act (CWA) (1972)
1) Link to the Text of the Act
Read the statute (33 U.S.C. § 1251 et seq.)
2) Why It Was Done
Congress enacted the CWA to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, after decades of severe pollution in rivers, lakes, and coastal areas.
3) Pre-existing Law or Constitutional Rights
The CWA reorganized and greatly expanded the Federal Water Pollution Control Act of 1948, which had been ineffective. The 1972 amendments created enforceable standards and permit systems.
Shelby County v. Holder
Shelby County v. Holder (2013)
1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)
2) Summary of the Opinion
Section 5 of the Voting Rights Act required certain states and localities with histories of racial discrimination to get federal preclearance before changing voting laws. Shelby County, Alabama, challenged the coverage formula in Section 4(b). The Supreme Court struck down the formula as outdated, effectively nullifying preclearance.
3) Why It Mattered
The decision gutted one of the most powerful tools for preventing racial discrimination in voting. States previously covered by preclearance quickly passed restrictive voting laws.