Federalism

The term federalism refers to the division of power and responsibility between the states and the national government. Implicit in the structure of the U.S. Constitution and reaffirmed by the Tenth Amendment, the principles of dual sovereignty, commonly called federalism, limit the powers of the national government in three significant ways. First, as the Eleventh Amendment confirms, the states retain their immunity from lawsuits. Second, dual [Page 182]sovereignty limits Congress's power to enforce the Fourteenth Amendment. Third, federalism limits Congress's ability to regulate interstate commerce.

Federalism is enormously important for state-supported higher education institutions, which are generally considered to be state actors or arms of the state for constitutional and legal purposes. Thus, federalism limits the ability of the national government to interfere with state universities ...