-
Period: to
Dual Federalism
Dual Federalism means the functions of the State and the National Government remenined largely separate.
Often used is the 2 layer cake metaphor, because the State and National Government are viewed as 2 separate entities.
2 examples: Mc Culloch vs Maryland (1819) and Gibbons vs Ogden (1824) -
Period: to
John Marshall Chief of Justice
Marshall played a significant role in the development of the American legal system. He made several important decisions relating to Federalism, in particular that supremacy of Federal law is over State law. He stated that "the Constitution is a living instrument that has to be interpreted to meet the practical needs of Government". His decision enable the National Government to grow and meet problems that were not foreseen by the Constitution's framers. -
McCulloch v. Maryland
One of the first and most important Supreme Court cases supporting Federal Government. The "Necessary and proper" clause gave congress the power to allow the establishment of secondary National banks without being taxed by the States.This left many questioning the sovereignity of state power laws. -
Gibbons V. Ogden
One of the most important parts of the constitution include Article I Section 8, the commerce clause in which congress is given power to regulate commerce that crossed State lines including modes of transportation. The dispute was competing claims of steamships. The court's decision affirmed State Laws that contradict Constitutional acts of Congress must yield to the supremacy of the constitution. Once again many questioned the sovereignity of state power laws. -
The Civil War
The states' rights refer to the struggle between the federal government and individual states over power. What brought question to states' rights was the issue of slavery and The States' rights.questioning wether the federal goverment had the right to regulate or even abolish slavery within states. The debate intensified creating a gap between the northern and southern states. The southern states were defeated.
The Civil War resulted in an increase in the National Government's political power. -
16th Amendment
"The 16th Amendment gives congress the power to lay and collect taxes on incomes, from whatever source derived without apportionment among the states, and without regard to any census or enumeration". This is an increase shift in power from states to Federal power. Allowing the government to collect more money from the states -
The New Deal
President Roosevelt's "New Deal" promised Americans relief. the main focus was to stabilize the economy. In addition the new deal introduced major new laws regulating economic activity. Such as the National Recovery Act of 1933 which established National recovery Administration (NRA) in order to restrict competition and regulate labor relations it provided codes for every industry. The New Deal set a precedent for the Federal Government to play a key role in the economy of the nation. -
Period: to
President Franklin Roosevelt
The end of Dual Federalism. Roosevelt's "New Deal" included large-scale emergency antipoverty programs. It also introduced new laws regulating economic activity. Such as the National Recovery Act of 1933. This Era is characterizes as Cooperative Federalism. Meaning States and Government work together to solve problems.In practice it meant that the National Government gave the states grants, as a resulted the Government exercised more control over matters that belonged to the state regulations. -
Period: to
Cooperative Federalism
Cooperative Federalism require cooperation across all levels of Government. The metaphor marble cake is often used to describe both State and Federal Goverment intermingled.
Example: Roosevelt "New Deal". -
Ronald Reagan
Ronald Reagan advanced policies that reduced social programs and restriction to business. Allowing the power back to the States. for the first time Federal aid declined. His administration introduced a practice of giving block grants, allowing State Government to use the money at their discretion. -
United States Vs Lopez
The Gun-Free School Zone Act of 1990 made it unlawful to carry a gun within 1,000 ft of any school. Lopez challenged his conviction arguing Schools were controlled by state and local government and were not under the authority of the Federal Government. The Federal Goverment argued that it had the power under the commerce clause.The Supreme court rejected the claim. It was a victory for the states to be able to regulate laws and not be imposed on by the broad interpretation of the Connstitution. -
No Child Left Behind Act
This law grew out of concern that our education system was failing and did not compete with other Nations. The result was increased federal role in education, holding schools accountable for their academic progress of students. It put focus on ensuring that states and schools boost the performance of Special Ed students and minorities.. However the states did not have to comply but if they didn't they risked losing federal funds. It greatly increased the Federal involvement in public education -
Arizona VS the United States
The satate of Arizona felt the Government was not doing enough to control illegal Immigration and decided to adopt a controversial new law.The S.B. 1070 Arizona law on Immigration conflcts with the Federal law. It gives law enforcement officers the right to arrest and detained illegal immigrants without a reasonable suspicion. The court ruled that the state canot undermine Federal Authority in Immigration law. -
Affordable Health Care Act
The affordable Care act woks to make health care more affordable for low income families, seniors, or any person that does not have healthcare. The Supreme court allowed states to opt out, leaving each state's decision to participate in the hands of the governors and state leaders. Of course money is a big factor in the expansion decision some states are holding back. in some cases Federal money will replace state and county health expenditures resulting in more Government power.
