Federalism Over Time

Federalism Over Time

1. US government is organized in a federal system

   • Powers
     • National Government
       • Necessary & Proper Clause gives expressed and implied powers
         • powers granted here couldn't be used until after Supreme Court was founded
       • Article VI declares that national law shall prevail over state law
     • State Government
       • Antifederalists wanted 10th Amendment to reserve powers to states
       • police power is the most important power
       • some state powers are shared with the national gvt ex) chartering banks
       • Article VI promotes national unity ex) states must follow a restraining order filed in another state
   • Traditional Federalism (1789-1937)
     • dual federalism
       • states had most gvt power
       • states did the fundamental governing
         • this saved the county from many bad policy decisions
           • End of the "Traditional System"
             • Supreme Court expanded federal powers
             • The New Deal gave the federal gvt its expansive powers
               • New Deal (1930's)
                 • people wanted national gvt to do something about the Depression
                   • FDR proposed temporary relief & work programs offered through grants-in-aid
                 • rise of a more active central government
                 • Courts relied on 10th Amendment to limit federal power
                 • "Cooperative federalism" (1937-1960)
                 • Supreme Court pushed for greater unity
                   • New Federalism
                     • devolution is popular
                       • led to federal and state conflicts ex) immigration policies
                     • block grants
                     • general revenue sharing
                   • Regulated Federalism (1960-1970's)
             • McCulloch vs Maryland - states can't tax national gvt
             • Gibbons vs. Ogden - national gvt regulates interstate commerce
             • Civil War
     • "commercial republic"
     • framework of the gvt determined the flow of powers