Structurally, the Constitution establishes a federal government with discrete, limited powers, reserving authority not given to the federal government under the Constitution to the states and the people. As congressional assertions of authority have grown, the Supreme Court has had cause to delimit the reach of federal power in several legal contexts. Frequently contested provisions implicating federal versus state power include the Commerce Clause, the Tenth Amendment, and the Fourteenth Amendment. Justice John Paul Stevens has written notable opinions addressing each of these areas. These opinions generally indicate a viewpoint that it is difficult to clearly distinguish between federal and state spheres of power, and a tendency to recognize a limited federal role in issues that affect state prerogatives and local activities. Justice Stevens's concerns proved to be well-founded. This appeared to have ended the Court's attempt to substantively limit federal government regulation of the states. Section 5 empowers Congress to legislate to enforce the amendment. That is, the courts have upheld limits on state autonomy under § 5 that might not otherwise be sustainable under the Constitution.
Structurally, the Constitution establishes a federal government with discrete, limited powers, reserving authority not given to the federal government under the Constitution to the states and the people. The uncertain contours of this dual system have often resulted in Supreme Court decisions on the reach of the federal government's limited powers and the core autonomy of the states. Congress, for example, has invoked the Commerce Clause to regulate local, and sometimes non-economic, activities that historically have been subject to regulation under state police powers. Also, Congress has invoked its power to enforce the Fourteenth Amendment to regulate state activity that might otherwise be beyond its reach. States, on the other hand, have cited the Tenth Amendment to resist what they perceive as congressional overreaching into essential state functions.
During Justice John Paul Stevens's tenure on the Supreme Court, the Court has continued to develop its jurisprudence on these constitutional provisions in resolving tension between federal versus state authority. Justice Stevens himself has written notable opinions on a range of federalism issues. These opinions generally indicate a viewpoint that it is difficult to clearly distinguish between federal and state spheres of power, and a tendency to recognize a limited federal role in issues that affect state prerogatives and local activities.