Also known as: federal states · federal-state · federation · federalism
Written by attorneys · grounded in primary & secondary sources — see below
A composite state that comprises an aggregate or group of constituent states, each retaining some independent authority while delegating certain powers to the central government.
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Forrest Falconer, a U.S. citizen living abroad, signed an executive agreement with a foreign nation that required him to submit to trial without a jury. When prosecuted under the agreement, he challenged the proceeding as violating his Fifth Amendment rights. The court held that the federal state structure prevents treaties or agreements from authorizing action inconsistent with constitutional protections.
Freya Freeman faced ongoing state criminal charges for conduct that she claimed violated federal constitutional standards. She asked a federal district court to enjoin the prosecution. The court declined, citing principles of comity and federalism that require federal courts to abstain from interfering with state proceedings absent extraordinary circumstances.
Faith Fitzgerald, representing the state of Massachusetts, sued the EPA in federal court to compel regulation of greenhouse gases. The Supreme Court recognized the state's standing because the federal state structure allows states to protect their sovereign interests in federal litigation when they suffer concrete injury.
Fabian Flynn alleged that federal narcotics agents violated his Fourth Amendment rights during a search. He brought a damages action directly under the Constitution. The Court recognized an implied cause of action, reflecting the federal state's allocation of authority between national enforcement powers and individual protections.
Faye Fuller was prosecuted under a federal statute for gender-motivated violence occurring entirely within one state. She challenged the law as exceeding Congress's authority. The Court invalidated the provision, holding that the federal state structure reserves traditional areas of state regulation from federal overreach under the Commerce Clause.
Fiona Foster and other members of an environmental group sued federal agencies over funding decisions affecting overseas habitats. The Court dismissed the suit for lack of standing, emphasizing that the federal state structure requires plaintiffs to show concrete, particularized injury traceable to the challenged action.
Treaties and executive agreements cannot authorize action that violates specific constitutional protections or alter basic structural principles such as federalism.
Federal courts must generally abstain out of principles of comity and federalism absent extraordinary circumstances such as bad-faith prosecution or a flagrantly unconstitutional statute.
Yes, an individual criminal defendant can have standing to raise a Tenth Amendment or federalism-based challenge provided the defendant demonstrates injury in fact and redressability.
…of due process, which here would amount to deciding a constitutional question “in advance of the necessity for its decision.” Federation of Labor v. McAdory , 325 U. S. 450, 461. Certainly appellant cannot in the light of our past decisions meritoriously claim that notice by registered mail and by personal service on its…