Also known as: U.S. government · federal gov't
Written by attorneys · grounded in primary & secondary sources — see below
A national government that exercises enumerated constitutional powers over smaller political units that have surrendered some authority in exchange for participation in the federal system.
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Fiona Foster, a Black student in the District of Columbia, was denied admission to a nearby public school because of her race under a federal policy. She sued the federal government claiming the policy violated constitutional guarantees. The court applied the Fifth Amendment to strike down the segregation as lacking any rational basis.
State A sheriff Frank Fisher received a federal directive requiring his deputies to perform background checks on all handgun buyers using a federal database. Fisher refused, arguing the order commandeered state resources. The court held the federal government could not compel state officers to administer the program.
Felicity French and her same-sex spouse, married under State B law, were denied federal tax benefits because a federal statute defined marriage as opposite-sex only. They sued the federal government. The court found the definition violated equal protection by demeaning state-recognized marriages without justification.
Frostline Textiles deposited a federal subsidy check issued by the United States Treasury that bore an allegedly unauthorized endorsement. When the government reversed payment, Frostline invoked a state commercial paper rule protecting good-faith holders. The court applied a uniform federal standard instead of state law.
Finn Fletcher was charged in federal court with a crime carrying a potential prison term. The prosecution sought to prove the elements by a preponderance of the evidence. The court required proof beyond a reasonable doubt because the federal government must satisfy due process in criminal proceedings.
Floyd Franklin sued a state-created entity in federal court under diversity jurisdiction. The defendant argued a state procedural rule should control whether a jury could decide a factual issue. The court held that federal interests in uniform administration of justice required application of federal procedural standards.
The federal government is bound by the Fifth Amendment's Due Process Clause, which incorporates an equal protection component that prohibits arbitrary discrimination without adequate justification.
No. The anti-commandeering principle prevents the federal government from directing state officers or legislatures to administer or enforce federal regulatory schemes.
Federal common law applies when the dispute implicates uniquely federal interests, such as the negotiability of checks drawn on the United States Treasury, even without a controlling statute.
…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…