Major+Trends+in+Federalism

Major Trends in Federalism in the US

created by: Abby Lawlor Jake Henderson

__**Federalism before the 1800s **__
After the Constitution was written, it still needed to be ratified by 9 of the 13 states. In order to do that, the federalist papers were written by Alexander Hamilton, James Madison, and John Jay. [|The Federalist Papers]  tried to convince the people of the 13 states that this constitution would not mean a huge, overbearing federal government, but a way to stop conflict between states. This is the beginning of the debate between states’ rights and the rights of the federal government.

Soon after the Constitution was ratified, [|The Bill of Rights]  were written and ratified in order to protect the rights of the people. One very important amendment included in the Bill of Rights is the Tenth Amendment, which states that all powers not specifically given to the federal government are given to the states. On the other hand, in 1791, Congress established the Bank of the United States with th support of the President Alexander Hamilton. This was extremely controversial because many believed that the federal government did have have the right to do that.

__**Federalism in the 1800s **__  Early in the 1800s, the time period in Federalism was known as the **Marshall Court**, after Chief Justice John Marshall, who made multiple court decisions in favor of the power of the federal government. [|McCulloch v. Maryland (1819)] – The Supreme Court ruled that the Second Bank of the United States was constitutional and that Maryland could not interfere because of the supremacy of federal laws. In this case, the federal government is given the power to establish a bank, even though it is not expressly given that power in the Constitution.

[|Gibbons v. Ogden (1824)] – The New York state legislature gave exclusive rights to operate boats in New York waters. Out of state shipping vessels were required to pay a fee or get a special permit. This was taken to court because some believed that it was unconstitutional. In this instance, the Supreme Court ruled that the Commerce Clause of the Constitution allowed Congress to regulate interstate commerce, and that included navigation of waterways. During the important time of the Civil War in the 1860s, there was a big shift from the US being strong group of states to a federal government with a much larger role. The 13th, 14th, and 15th Amendments increased the federal government’s power by abolishing slavery and giving citizenship and the right to vote to Americans of every race.

<span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|United States v. EC Knight Co. (1895)] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">– Sherman Antitrust Act that was supposed to outlaw business monopolies. Sugar Trust owned 98% of sugar manufacturing in US, and United State took them to court when they acquired EC Knight. Supreme Court said that only distribution was under federal commerce clause. Production and manufacturing of sugar was given to the states authority only.
 * <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Federalism in the the late 1800s shifted to states rights over federal rights. **

<span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|Hammer v. Dagenhart (1918)] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> – Supreme Court said that a federal law (Keating-Owen Child Labor Act of 1916) that outlawed the shipping of product between states produced by child labor was unconstitutional and therefore not valid. The Supreme Court said that the hiring of children could only be regulated by the states, base on the 10th amendment.

__**<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 16px; text-decoration: none; vertical-align: baseline;">Federalism in the 1900 - 1960s **__
<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">The introduction of the New Deal meant the expansion of Federal Powers in this period of time. <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|United States v. Darby Lumber (1941)] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">overturned Hammer vs. Daggenhart (1918) and made it illegal to ship goods produced by child labor across states.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**Cooperative Federalism**- a concept of government where national, state, and local governments work together to figure out broad policy decisions. The federal government had more power with issues like education, health, and social welfare but the state would implement more specific programs that administered to these concerns.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**Creative Federalism**- During this period of time from the 1960s to the 1980s the federal government would distribute funds to local governments and sometimes even citizen run groups that would address problems that the state alone could not alleviate. This practice was exemplified in Lydon Johnson’s <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|Great Society] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> program that included many grants to organizations for issues like education, poverty reduction, and urban welfare. This sometimes pitted mayors and other state legislatures against community activists and federal policy makers. <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**New Federalism**- In this type of federalism that started in the 1980s and is still prevalent today, national policies are challenged by the states. Ronald Reagan started this trend in federalism when he moved to reduce federal grants into less restrictive block grants that would give states more leeway in how they could use the federal money they were given. Because of economic recession, some states have had to cut funds for certain programs.

<span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[]

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">From the beginning of New Federalism in the 20th century, different presidents have played major roles in deciding the role of the national government in our society <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**P<span style="background-color: #ffffff; color: #001eff; font-family: Tahoma,Geneva,sans-serif; font-size: 250%; text-decoration: none; vertical-align: baseline;"> resident Lyndon Johnson**- A New Dealer who passed major civil rights legislation, he also passed legislation that helped solve the issue of poverty and set up the medicare program. he let nongovernmental agencies decide how they would spend government money by giving grants to community programs, especially in cities. The number of grants increased because of this. <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**Richard Nixon**- started “New Federalism”, this program called for tax money to be returned to the states and cities. He passed the <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|Occupational Health and Safety Administration (OSHA)] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> and the Clean Air Act which both put additional federal mandates on state and local governments. <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**Ronald Reagan-** President Reagan strove to give the states more power with “New Federalism” but in practice this just meant spending less money on the federal government domestically and giving states the responsibility to take over federal programs, including the funding for these programs. Reagan inspired the <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|Contract with America] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">program that strove to put power back in the hands of the states, this was started when Republicans took control of congress in 1994. An example of this was the government suggesting that the government assume all medicare costs and the states take financial responsibility for food stamps and welfare programs. This caused many things to be privatized and many programs were cut.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">After the early 1990s, the issue of federalism went back and forth between the states and the federal government. The <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|No Child Left Behind Act] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> increased federal power as it tackled the education issue which was normally left to the states. One problem with federal mandates that expand national power is that sometimes the states lack the funds to support these mandates. An example of this would be the passage of the <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|Americans with Disabilities Act] <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">, states were told that public buildings needed to be handicap accessible, but they were not given any federal money to make these changes happen. When the federal government expanded the eligibility to more people to receive Medicaid, the states were left to fund these changes on their own.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Examples: <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|United States v. Lopez] <span style="background-color: transparent; color: #1155cc; font-family: Arial; font-size: 15px; vertical-align: baseline;">[|United States v. Morrison]

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**New Federalism**
=**__<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">Review Questions of the Major Trends in Federalism __**=
 * 1) == Did the Marshall Court increase or decrease the power of the federal government? ==
 * 2) == Name and describe one major Supreme Court case that increase states’ rights ==
 * 3) == Since the signing of the Constitution to now, has federalism increased or decreased? ==
 * 4) == Which President pushed the most for more federalism? ==
 * 5) == a. Lyndon Johnson ==
 * 6) == b. Richard Nixon ==
 * 7) == c. Ronald Reagan ==

__ Works Cited __ <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">**<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;"> CliffsNotes.com. Recent Trends in Federalism. 25 Sep 2012 <http://www.cliffsnotes.com/study_guide/topicArticleId-65383,articleId-65445.html>. **

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">** "GIBBONS v. OGDEN." Gibbons v. Ogden. N.p., n.d. Web. 26 Sept. 2012. **

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">** "Cooperative Federalism Law & Legal Definition." Cooperative Federalism Law & Legal Definition. N.p., n.d. Web. 27 Sept. 2012. <http://definitions.uslegal.com/c/cooperative-federalism/>. **

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">** O'Connor, Karen, and Larry Sabato. American Government: Roots and Reform. New York: Macmillan, 1993. Print. **

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 15px; text-decoration: none; vertical-align: baseline;">** "U.S. GOVERNMENT Introduction to the U.S. System Guiding Principles American Federalism: Significant Events." U.S. GOVERNMENT Introduction to the U.S. System Guiding Principles American Federalism: Significant Events. US Department of State, n.d. Web. 25 Sept. 2012. <http://infousa.state.gov/government/overview/federal.html>. **