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Articles of Confederation
The Articles pretty much gave all power to the states. The only powers delegated to the National government were legislative and it was unable to even enforce those laws. -
Constitutional Convention
The Constitutional Convention, after much debate, decided that a working system must have a strong national government than the states that are subordinate to it. This was a major transformation from the confederate system that preceded. -
Commerce Clause
The Commerce Clause gave the National Congress the teeth to properly legislate and regulate the nation. It listed direct and certain powers given to Congress and outlined its original strength. -
The Elastic Clause
The Elastic clause essentially gave Congress a large amount of hardly limited power. Within their enumerated powers, the Elastic Clause gave Congress an open slate to pass whatever was deemed "necessary and proper." -
10th Amendment
The tenth amendment increased the strength and flexibility of state governments by giving them all the powers that were not delegated to the Federal government illuminated by the U.S. Constitution. -
McCulloch V. Maryland
The final decision of this case determined that the Federal government is supreme over the states and interference of the federal government is finite. -
Gibbons V. Ogden
The Federal government, again, declared that it is supreme over states. The decision stated that within the ability to regulate commerce, Congress can also regulate navigation. -
Civil War
The Civil War was symbolic of the superiority of a federalist system over a confederate one. The power of the National government and President both increased after the Civil War. -
14th Amendment
The 14th amendment took legislative power from state governments by strictly removing their ability to pass any legislation that deprives US Citizens of their rights or privileges. -
16th Amendment
The 16th amendment increased the power of the Federal by giving them the direct power to collect and levy taxes on income. Also, it arguably took power from the states because the taxes collected would be equally distributed and not given disproportionately to higher tax paying states. -
Gitlow V. New York
The Gitlow V. New York case ruled that the First Amendment also applied to state governments and that those freedoms cannot be infringed upon by state governments- which is- selective doctrine: the inability for state governments to limit citizen's rights. This strengthened the Federal governments look into state governments. -
The New Deal
The National government's power increased with the enactment of the New Deal. It was a reaching hand to the American people across all states through the vehicle of Federal jobs. -
Korematsu v. United States
This case upheld the government's decision to intern Japanese Americans during WWII. This set a precedent of greats amount of power for the national government. A landmark decision in the grand discussion of governmental power. -
Brown v Board of Education
This famous case ruled that segregation was unconstitutional regardless of location or quality of the school. This was a strong move by the federal government that affected many states and schools of the south. -
Civil Rights Act of 1964
The Civil Rights Act of 1964 was a huge power move by the Federal government. It prohibited the discrimination of any person based on their race, sex, country of origin, or religion in the place of business, work, or schooling. Further, it also prohibited different voter applications for people of different races in all elections. -
The Economic Opportunity Act
While the Economic Opportunity Act allowed the establishment of local Community Action Agencies to fight poverty, these agencies were strictly regulated by the Federal government. This increased their reach into states because of the placement of these agencies within urban and metropolitan areas. -
Heart of Atlanta Motel v. United States
This decision allowed Congress the ability to force businesses to abide by the Civil Rights Act of 1964. This would set a precedent of power for all social legislation to come in the future and its enforcement. -
Election of Ronald Reagan
The election of Reagan marked the beginning of "New Federalism," an effort by Reagen to reverse the role of the National government. He wanted to give states more power by reduced national spending, cut taxes, and wrangling Washington's influence on states. A major victory for state powers. -
Americans with Disabilities Act of 1990
The Disabilities Act flexed the Federal government's powers by passing nationwide anti-discrimination legislation that caused many states, schools, and businesses to update or change to accommodate Americans with disabilities. -
Planned Parenthood v. Casey
This case declared that abortions are constitutional, based on the decision of Roe v. Wade. It also established the undue burden standard in legislatures, restricting legislation they can pass around it. -
104th Congress
The 104th congress was imperative to the start of the devolution process. With a Republican majority, congress worked with Republican governors to decrease deficit spending and delegate more power away from the Federal government. -
United States v. Lopez
This case restricted Congress' power to regulate under the Commerce Clause. The supreme court decided that handguns did not fall under the list of things that are able to be regulated under the commerce clause, and congress had exceeded its power. A major win for state powers. -
Printz v. United States
The power of congress was limited in this ruling. The supreme court said the Brady Bill was in violation of the 10th amendment and therefore deemed unconstitutional and not fit to be passed. This protected the gun businesses of states' by not limiting their sales. -
United States v. Morrison
The Supreme court again ruled that congress had been exceeding its power under the commerce clause with the Violence Against Women Act of 1994. It was another example of Congress overstepping its powers in the name of commerce regulation. -
The Department of Homeland Security
Being one of the most controversial creations by the national government, the DoHS gave an immense amount of power to the National government by giving them surveillance responsibilities that many call invasive to their own privacy.
