Also known as:central governments · federal government
Written by attorneys · grounded in primary & secondary sources — see below
A national government that exercises authority over subordinate political units within a federal system. The central government possesses enumerated powers under the Constitution while states retain reserved powers.
Sources & Authorities
How it applies
Common Examples
6
Federal School Segregation Challenge
Caitlin Crowley, a parent in the District of Columbia, sued federal education officials after her child was assigned to a racially segregated public school. The central government defended the assignment under local policy. The court applied the Fifth Amendment Due Process Clause and invalidated the segregation as arbitrary discrimination lacking justification.
Background Check Commandeering Dispute
Christine Castro, a state sheriff, refused a federal directive requiring her deputies to perform handgun purchaser background checks under a new statute. The central government insisted the checks were mandatory. The court held that the directive violated the Tenth Amendment by commandeering state officers.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Restatements
Dictionaries
Federal Marriage Recognition Suit
Craig Caldwell and his same-sex spouse, married under state law, sought federal tax benefits denied by a statute defining marriage as opposite-sex only. The central government enforced the exclusion. The court ruled the definition violated the Fifth Amendment Due Process Clause by discriminating without adequate justification.
Treasury Check Negotiability Dispute
Cassandra Cooper, a bank teller, accepted a U.S. Treasury check with an irregular endorsement. The central government later sought recredit under uniform standards. The court applied federal common law rather than varying state rules to determine good faith and notice.
Juvenile Delinquency Proof Standard
Caleb Chang faced federal juvenile proceedings after an alleged theft on government property. The central government sought conviction on a preponderance standard. The court required proof beyond a reasonable doubt as an element of due process before imposing liability.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Gun-Free School Zone Challenge
Cecilia Cabrera was charged under a federal statute after carrying a firearm near a school. The central government asserted broad commerce power. The court held the statute exceeded enumerated powers because it lacked a sufficient connection to interstate commerce.
United States v. Lopez514 U.S. 549 (1995)
Common questions
Frequently Asked
4
Does the central government face the same equal protection limits as states?+
The central government is subject to an equal protection component through the Fifth Amendment Due Process Clause even though the Fourteenth Amendment text applies only to states. Grossly unreasonable federal discrimination, such as racial segregation in District of Columbia schools, violates due process.
Can the central government require state officials to enforce federal programs?+
No. The anti-commandeering principle prohibits the central government from issuing directives that require states or their officers to administer or enforce a federal regulatory program. Provisions forcing state law enforcement to conduct background checks were invalidated on this ground.
How does the central government treat state-recognized same-sex marriages?+
A federal statute excluding same-sex couples from the definitions of marriage and spouse violates the Fifth Amendment Due Process Clause when it demeans and disadvantages marriages lawfully recognized by states. The central government must justify any such distinction.
When does federal common law govern disputes involving the central government?+
Federal common law supplies uniform rules for issues implicating uniquely federal interests, such as the negotiability of checks payable by the United States. State law variations are displaced to ensure consistent treatment of the central government's commercial paper.
576 U.S. 644 (2015)Legislation and Regulation
…Two Terms ago, in United States v. Windsor , 570 U. S. (2013), this Court invalidated DOMA to the extent it barred the Federal Government from treating same-sex marriages as valid even when they were lawful in the State where they were licensed. DOMA, the Court held, impermissibly disparaged those same-sex couples “who wanted…