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We the People: Declaration of Independence
This declares the independence of America from Great Britain. It does NOT create a federal government but recognizes 13 separate states. At this point, the idea of federalism is that the power of the nation comes from the consent of the governed. If the government does not protect them, the people are free to change the government. At that point, federalism meant that the president could not make laws, but that the people have to agree to them. -
A CONfederation
The Articles of Confederation establish that there will be a government that all the states will be under. This cartoon said it all -- JOIN OR DIE! However, the Articles set up a weak federal government and strong local governments, because the people are still afraid of having someone like a King. -
The Rules of Nationalism
Constitutional Convention: Drafted a federal constitution. Instead of a "CONfederation," made up of separate states, there is now a federation where the government has powers over the states. The "American style" of federalism STARTS HERE. The idea was born that people would be citizens of their state AND of the country. The idea that there are things that should only belong to the federal government is strong. -
Protecting the People
The Bill of Rights was drawn up to explain which rights belong to the people and CANNOT be taken away by the federal government OR the state governments. Even though states need to decide some things for themselves, the federal government's role is most important. -
Dueling Acts!
With John Adams as President, it becomes a crime to criticize the federal government (Alien & Sedition Acts)
Jefferson argues that each state can decide if federal laws are legitimate (Kentucky Resolution)
James Madison says the state can vote out bad laws by the federal government. Because they are so important, federal laws are the ones that are most controversial. -
States [Do Not] Rule
In 1810 was the FIRST TIME the courts said the states CANNOT make laws that go against the Constitution. Federalism wins! The case was Fletcher v. Peck, and had to do with land rights. The importance of federal law is upheld against state law. -
Implied Powers...what?
A Supreme Court decision in 1819 muddies the waters. There is something in the Constitution called "implied powers" which will make the struggle between the federal government and the states a headache for years to come. (McCulloch v. Maryland). This case gave the federal government powers that are NOT specifically set out in the Constitution. The importance of federal law is upheld. -
We Didn't Agree to That!
Hayne & Webster's debates show that there was NO agreement on who should rule: states or the feds. Hayne said states can get rid of any laws they think are uncontitutional. Daniel Webster argued that states have to obey federal laws.The case was about tarriffs. The issue of states rights leads to the Civil War, where the matter is decided in favor of federalism. -
Wanna fight about it?
The Civil War was partly about nationalism, and who got to decide slavery, rejecting laws states didn't want, and leaving the union. Nationalism wins again! -
Who Belongs? Everyone, kind of
The 14th Amendment had to say who was offifcially a US Citizen. It was meant to protect slaves.The laws of the federal government extend to all citizens and are therefore the most important. -
Power in [governing] numbers
The National Governors Association is founded. Weirdly, governors of each state thought it would be helpful to have a NATIONAL organization. Even state officials knew that banding together in a national organization would help their cause. The power of federalism even with state officials. -
We Gotta Fight the Feds...right?
In the early 1900s, many organizations made national groups out of state and local organizations, This included the League of Cities, the Conference of Mayors, and the Council of State Governments. This reinforces the trend that national laws and organizations are more important and powerful than individual groups. -
Health, Education, and Welfare ... Oh My!
This is the decade where federalism becomes most powerful. During the 1960s health care, through Medicare and Medicaid, is made a federal program. Education is regulated by federal acts over Education (through college), and welfare is regulated by the War on Poverty and Economic Opportunity Acts. This is all combined in President Johnson's "Great Society" which meant that society was great when the federal government took care of the people. -
Abortion. Disabilities. Medicaid. Veterans.
More and more laws and acts are passed to ensure that everyone has the same benefits and is covered. It is too spotty to leave these to the states. This is apparent in Roe V. Wade, where the Supreme Court rules on abortion. The Americans with Disabilities Act is passed, Fair Labor Act is passed. More and more America is turning to the federal government to ensure rights and priviliges for all of its people. Taxes are reformed, the EPA is born. The direction is clear, that federalism works.