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Articles of Confederation
The Articles of Confederation were the first attempt of Americans to create unity among the 13 colonies. The Articles focused on states having the most power, almost like individual countries. There was no executive under the Articles, as the people of the time were weary of single person having power over several states. This was the first instance of official governance in the country and clearly the states cherished having -
Articles of Confederation
a lot of power to regulate themselves. As history showed, however, this system of government wasn't very succesful -
Constitutional Convention
The Constitutional Convention was originally called to amend the failing Articles of Confederation. It was quickly decided, however, that a whole new document was to be drafted. Two plans were proposed, the Virginia plan and the New Jersey plan. The Virginia plan called for a strong national government and the New Jersey plan called for a greatly reduced executive with more powers given to the states. Ultimately, the strong central government prevailed and since then federal power has gone up -
Elastic Clause
The Elastic Clause (Article 1, Section 8, Clause 18), states that the federal government will have power to create and carry out laws that it deems "necessary and proper". This clause gives the federal government very vague power to do what it wishes. At the time, many people were fearful of this law, saying it would intrude on individual liberties. Supporters stated that it only gave the government power to carry out powers that have already been stated. -
Supremacy Clause
The Supremacy Clause is in Article 6, Section 2 of the Constitution. It dictates that the Constitution is the supreme law of the land and it supercedes all state and local laws. This really gives the federal government unquestionable power in carrying out their laws. -
Elastic Clause cont
There have been many examples throughout American history of the federal government provoking the elasic clause to garner results. A noteable one would be the No Child Left Behind Act (later explained). The federal government deemed it necessary for there to be a education reform and passed the act. For states that did not comply, federal funding for education would be withheld. -
10th Amendment
The Tenth Amendment provided the states at the time with security that their rights would not be taken away with the formation of the strong central government of the Constitution. It says that powers not specifically given to the federal government or powers prohibited to the states by the Constitution are left for the states, "or to the people". Many people, known as Anti-Federalists, were fearful of the strong central government and wanted more state authority. -
Kentucky and Virginia Resolutions
These resolutions, written by Jefferson and Madison respectively, stated that states should have the power to deem federal acts unconstiutional and thereby should have the power to nullify, or invalidate, them. While this principal was rejected by the Supreme Court, it has had a profound effect on later events, noteably the Nullification Crisis. It has done a lot to further the ideal that states should have increased say in federal law. -
Kentucky and Virginia Resolutions cont.
The Nullification Crisis was an event that was directly influenced by these resolutions. South Carloina declared the tariffs of 1828 and 1832 unconstitutional and thus, null and void. As both the state and the federal government pepared to use military force, a lower tariff was agreed upon. While no actual power was legally gained or lost, the influence of the resolutions was clear because of South Carolina's defiance to accept the tariffs and their grounds for doing so -
McCulloch vs. Maryland cont.
is used to carry out the express powers of the government, and the states may not impede the constiutional action of the federal government. This was a big leap for furthering federal powers. -
McCulloch Vs. Maryland
This infamous case was to see whether or not the government could provide a Second Bank of the United States in order to benefit the economy. Chief Justice George Marshall declared that a bank was constituitional. The bank was approved because it invoked the necessary and proper clause, this established principles of implied powers and State Actions aren't necessarily reflected under the constitution. It gave the power of the constitution. -
Gibbons v. Ogden
This important court decision stated that Congress has the power to regulate interstate commerce under the Commerce Clause of the Constitution. The defendants had been granted exclusive use of waterways in New York for 5 years, and the prosecutors said that the federal government had the final say in issues regarding navigation (the commerce) in the country. The Supreme Court voted in favor of the prosecutors, saying navigation is a form of commerce and is under the jurisdiction of Congress. -
Cooley v. Board of Wardens
The decision in this case determined that a Pennsylvania law requiring all incoming ships to have a local pilot on board. It was determined that this law did not violate the commerce clause of the Constitution, and the Supreme Court said that it will leave the jurisdiction to control this law to the states. -
Dred Scott v. Sanford
The Supreme Court ruled in favor of Sanford because it declared that it had no jurisdiction in the matter if Dred Scott was a citizen or not, therefore the previous decision made in Missouri, saying that Scott is property of the Emerson's, takes precendent. It is now invalidated by the 14th Amendment, but at the time it was a landmark decision for the states and their ability to exercise their rights to control their citizens and their property. -
14th Amendment
The 14th Amendment increased the power of the federal government by giving full citizenship to all people in the country, overturning the Dred Scott decision. It also stated that all people are treated equally under law, outlawing racial segragation in the states. The due process clause in the amendment prohibits states from disallowing its residents life, liberty, and property, while taking steps to provide fairness. -
Budget surplus in the late 1800s
In the late 19th century, a new party emerged: The Republican Party. Members of this party were considered fiscal conservatives, who were in favor of small government. At this time, fiscal conservatives were in favor of high tariffs and protectionism. They wanted to reduce deficiet spending, which they clearly did. Being in favor of internal laissez-faire economics also, they clearly furthered the ability of states to regulate themselves. -
Sherman Anti Trust Act
The Sherman Anti Trust Act prohibited businesses from artificially raising prices for the consumers for products. Businesses that used dishonest practices to achieve a monopoly are the ones that would be persecuted under this act. Congress asserts that its power to regulate such a matter comes from its ability to constitutionally regulate interstate commerce, so there would have to be evidence of interstate trade to fall under this law's jurisdiction -
Plessy v. Ferguson
This is the famous "Seperate but Equal" which enabled state law segregation. This was a hit for the black community and had a huge affect on America for years to come. The court decided that as long as both races are treated equally then segreation is contitutional. This gave the States much bigger powers than they should have had causing injustice for decades. -
Pure Food and Drug Act
The Pure Food and Drug Act was passed for the federal inspection of meat, for the control of "patent medication", and for the proper labeling of habit forming medication. This gave power to the federal government as it gave them the authority to regulate activities within the states and regulte private industry. -
The Sixteenth Amendment
The Sixteenth Amendment states that the federal government can enforce an income tax without apportioning it among states. This is a definite increase in federal power because it basically allows the government to collect more money from the states -
Gitlow vs. New York
In this court case, it was determined that the Bill of Rights extends to the state governments as well as the federal. Originally, the states could enforce statutes that were able to restrict the rights set forth in the First Amendment, and the federal government could not step in declare them unconstitutional. However, it was determined that, due to the "due process" clause in the Fourteenth Amendment, the states could not restrict the "fundamental liberties" protected by the clause. -
Gitlow vs. New York cont.
Selective incorporation is the process by which the Supreme Court selects certain rights under the Bill of Rights and incorporates them into the scope of the "due process" clause of the Forteenth Amendment. This whole case is a clear increase in federal power, as it now gives the federal government authority to dictate how a state should make its laws in its own borders. -
Palko V. Connecticut
This case invoked the incorporation of the Fifth Amendment protection of double jeorpardy. Palko was caught at a robbery and in order to escape he killed to police officers. He was sentenced to life in prison. Previously the court ruled that under the Priveleges and Immunities clause the Bill of Rights shoudl not be incorporated for criminals. The ruling was that Palko should be denied constitutional rights because he was against the very essence of liberty. -
Korematsue vs. The United States
During World War 2 Japanese internment was a common way to keep American shores "safe" from Japanese intruders. A man by the name of Korematsu challenged the constitutional right to intern thousands of Japanese Americans. He believed the president abused his powers of protecting the people during war. In the end the supreme court ruled that the internment camps were constitutional because the exlusion was said to be justified durin times of "emergency and peril" -
Brown v. Board of Education
This was a landmark court case that overturned the famous Plessy v. Ferguson case. The Brown case deemed the state-sponsored "seperate but equal" legislation to be, in fact, unequal. It was a unanimous decision on the grounds that the legislation violates the 14th Amendment. This furthered federal power as it stopped the state "seperate but equal" legislation and was a gateway to other federal civil rights initiatives. -
Civil Rights Acts of 1964
The Civil Rights Act was aimed to stop racial discrimination in schools and public places, and to stop unequal voter registration requirments. The initial authority of the bill was weak but later added to. The federal government further increased its power by enforcing the Constitutional definition of equality in the fourthteenth amendment. -
Roe v. Wade
The landmark court decision in this case was regarding womens' rights to abortion. The Court ruled that women have the right to an abortion as long as the fetus is terminated before viability, being defined as "the ability to live outside the mother's womb." The desicion furthers the federal government powers as it determined the extent of freedom of women and what is considered an actual person. This issue and decision is still hotly debated today. -
Cabell v. Chavez-Salido
This case involves a state law that prevents non-citizens from becoming probation officers. The court ruled this constitutional because probation officers are exceptions to the Equal Protection clause of the 14th Amendment. This is a furthing of state power because it gives them the ability to regulate their state employees as they see fit. -
Americans with Disabilities Act cont.
(sidewalks, public facilites, etc.). It cost the states and bussiness a lot of money to comply. -
Americans with Disabilities Act
This act provides Americans with "a physical or mental impairment that substantially limits a major life activity" the right to not be discriminated against in the workplace or application process. It also stated that there must be accomodations for all public facilities for disabled people. This gave a lot of power to the federal government because it gave them control over private businesses, specifically who they can or can't employ. Also, it gave standards that states had to abide by -
Law Enforment Assistance Act
The Law Enforcement Assistance Act was passed under the Clinton administration to help law enforcement operate more efficiently by requiring telecommunications companies modify and design their equipment so that it has built in surveillance capabilities. Congress temporary provided funding for various network upgrades. This furthered federal power because it regulated private business for its own (slightly vague) use -
United States vs. Lopez
This court case involved a young man who brought a concealed weapon into school, and was convicted under the Gun Free School Zone Act of 1990. It was later challenged as being unconstitutional on the grounds that weapons in school zones are not affected under the Commerce Clause of the Constitution. The ruling was upheld in the Supreme Court. It was another victory for the states to be able to regulate themselves and not be imposed on by the broad interpretation of the Constitution. -
104th Congress
The 104th Congress convened from January 3, 1995, to January 3, 1997. It was the first Congress in 50 years to have a Republican majority in both houses. Congress considered or passed many bills regarding welfare, Medicaid, and other issues between the state and federal government. Clinton blocked legislation that would transform the Medicaid program, but he ultimately signed into -
104th Congress cont.
law a bill that devolved Medicaid to the states. Medicaid had been about 20% of state budgets, but with the signing of the new bill, the states received more authority over Medicaid. Devolution is central government giving power to the smaller, local governments below it. -
Printz vs. United States cont.
states to carry out a federal law would be an overstepping of Congress's authority. Another angle the Court used was that the provisions violated the separation of powers by disallowing the President to be the sole person to carry out the law. While the ruling was not very significant as the instant background check was implemented very soon after, the ruling was an important step torwards more states rights. -
Printz vs. United States
The court case Printz vs. United States ruled in favor of the prosecutors that the interim provisions of the Brady Handgun Act were unconstitutional. A new instant background check system would go into place, but before that, a firearms dealer would have to send the application of a potential buyer to their local Chief Law Enforcement Officer, who would then either approve or deny the application. The Supreme Court ruled this unconstitutional on the grounds that employing the officers within the -
Alden v. Maine
A state employee sued the state of Maine for violating overtime laws under Fair Labor Standards Act. The Court ruled that, under the 11th Amendment, the state could not be sued by citizens of its own state, but the power of soverign immunity for states is derived from Article 1 of the Constitution. Under Article 1, the federal government has no authority to impede soverign immunity unless the state is in violation of the 14th Amendment. This is a step for states rights under the Constitution. -
No Child Left Behind Act
The No Child Left Behind Act set up a federal education funding system where funds would depend on annual nationwide test scores.The government had the authority to make changes to schools if scores were not high enough. It hugely increased the federal involvement in public education. It set requirements on teachers and curriculum in the states. -
Federal maritime commission vs. South Carolina ports authority
A company claimed that the South Carolina Port Authority had refused boarding to a ship for discriminatory reasons. The Federal Maritime Commision pursued this complaint. They ended up losing in the courts and the South Carolina state govenment ports Authority gained power. -
Department of Homeland Security cont.
It has absorbed 22 agencies, which includes their funding, employees, and responsibilities. The DHS is more involved in state activities as it provided $31 billion worth of grants to state and local governments to fight terrorism. -
Department of Homeland Security
The Department of Homeland Security is considered to be the biggest reorginization of the government since the Cold War. It was formed as a direct response to 9/11 to help prevent and fight terrorism in and around the U.S. The formation of this federal program is a huge leap for Federalism because of the many powers this program has and because of the many other federal programs it has absorbed. -
Do-Not-Call Implementation Act
The Do-Not-Call Implementation Act of 2003 was sponsored by representatives Billy Tauzin and John Dingell, and signed into law by george Bush. The law was meant to protect consumers from unwanted telemarketing calls and created the do not call registry. It created more power in the federal government because it funded a federal program (FCC) and granted the ability to another to establish fees (FTC). -
California Constitution cont.
What is unique about the California Constitution is that an amendment to it can take the form of many things, including any sort of initiative. This includes state government agencies. The purpose of doing this is to insulate the agencies from being attacked for having a broad exercise of power. -
California Constitution
The California Constitution is a constitution that seems to favor states rights as opposed to being submissive to the federal government. It has a broader Bill of Rights than the Constitution, which gives more freedoms back to individuals. It also has tax exemptions and protection from political interference for universities written into it. -
Conclusion
It would not fit on here, so i shared it on google docs. Its labeled as SS0260 Federalism Project Conclusion Vallillo Nicoll
