Assess the different types of Federalism Flashcards
What was dual federalism?
Dual Federalism (1787 to the New Deal) – when there were clear distinctions between the powers of the federal government and the state governments.
1) Federal government (enumerated powers) – interstate commerce, armed forces, war, post offices, coining money, foreign policy.
2) Concurrent powers – levy taxes, borrow money, enact and enforce laws.
3) State governments (reserved powers) – intrastate commerce, public education, public health and safety, conducting elections, issuing licences.
AKA: Layer Cake Federalism
How were the Federal Governments powers increased during Dual Federalism? (4 SC Cases)
McCulloch v. Maryland (1819) – held that the federal government had the power to set up a national bank under the Commerce Clause.
Gibbons v. Ogden (1854) – held that navigation privileges granted by Congress have supremacy over ones granted by the states because the federal government was delegated this power under the “Commerce Clause” and federal law is supreme.
Ableman v. Booth (1859) – when the Wisconsin Supreme Court attempted to nullify the Fugitive Slave Act (1850), the US Supreme Court held that state courts cannot overturn the rulings of federal courts.
Gitlow v. New York (1925) – held that the 14th Amendment meant that the Bill of Rights now applied to the states, therefore New York’s Criminal Anarchy Law (1902) was unconstitutional because it restricted freedom of speech under the 1st Amendment.
Despite the growing power of the Fed Gov under Dual Federalism, How was the Fed Gov still limitied? (1 SC Case)
Dred Scott v. Sandford (1857) – declared the federal government’s Missouri Compromise to be unconstitutional because the power to ban slavery was reserved to the states
What is the significance of Dual Federalism?
Arguably the most constitutionally legitimate form of federalism as it was created by the Founding Fathers, therefore it has a constitutional mandate.
Helped to prevent a tyrannical federal government that went beyond its powers.
Helped to make politics more local and in the hands of the people, which is more democratic.
What is Cooperative Federalism?
Cooperative Federalism (the New Deal to the 1960s) – when the distinctions between the powers of the federal and states governments were much less clear, but there was still cooperation.
AKA: Marble Cake Federalism
What caused the expansion of power, forming Cooperative Federalism? (1 Amendment + 2 SC Cases)
The 16th Amendment (1913) gave the federal government the power to raise its own income tax, allowing Roosevelt to implement the New Deal.
The Social Security Act (1935) and other New Deal schemes granted money to the states for providing welfare aid, but this was accompanied by strict guidelines and standards via categorical grants, which gave the federal government significant power.
NLRB v. Jones and Laughlin Steel Corporation (1937) – held that Congress had the power to regulate labour relations under the Commerce Clause, which increased the federal government’s jurisdiction.
How was power still limited under Cooperative Federalism?
Schlechter Poultry Corp v. US (1935) – held that the National Industrial Recovery Act (1933) went beyond Congress’s power under the Commerce Clause.
United States v. Butler (1936) – held that the Agriculture Adjustment Act (1933) was unconstitutional because agriculture was reserved to the states under the 10th Amendment.
What is the significance of Cooperative Federalism?
Could have led to Roosevelt becoming a tyrannical dictator, however the Supreme Court helped to prevent this.
Showed that a strong federal government is needed in times of crisis.
Helped to reduce adversarial politics and increase consensus politics due to the federal and state governments cooperating.
What was Coercive/Regulated Federalism?
Coercive/Regulated Federalism (1960s – 1980s) – when the power and jurisdiction of the federal government increased again
How was power expanded under Coercive/Regulated Federalism?
(2 SC Cases + 2 Policies)
Cooper v. Aaron (1958) – held that states had to follow Brown v Board of Education (1954) because it was a federal decision and federal law is supreme.
Heart of Atlanta Motel v. United States (1964) – upheld the Civil Rights Act (1964) using the federal government’s powers under the Commerce Clause.
Johnson’s Great Society programs, such as Medicare and Medicaid under the Social Security Act (1965), used huge categorical grants to greatly increase federal power.
Johnson created the Housing and Urban Development and Transportation Departments to increase the federal government’s jurisdiction
How were unfunded mandates used to expand on Federal Power during Coercive/Regulated Federalism?
Unfunded mandates imposed regulations on states but did not provide funds for them as was normal.
1) Clean Air Act (1963) – required states to meet federal standards for air quality.
2) Water Quality Act (1965) – required states to meet federal standards for water quality
What was the significance of Coercive/Regulated Federalism?
Caused claims that the federal government was acting like a tyrannical dictatorship, which could have undermined pluralist democracy and promoted elitism.
Caused voters to be concerned about states’ rights and reduced Confidence in the government among these voters.
What was New Federalism?
New Federalism (1980s – 2000) – when there was a decline in federal government power
How was there a decline of power under New Federalism?
New York v. United States (1992) – held that the federal requirement for states to assume liability for toxic waste generated within their borders was unconstitutional because it violated the 10th Amendment.
United States v. Lopez (1995) – held that the federal government’s Gun-Free School Zones Act (1994) was unconstitutional because this went beyond Congress’s “Commerce Clause” powers.
Printz v. United States (1997) - held that the federal government’s Brady Handgun Violence Prevention Act (1993) was unconstitutional because this went beyond the Commerce Clause.
United States v. Morrison (2000) – held that the federal government’s Violence Against Women Act (1994), which gave victims of gender-motivated violence the right to sue their attackers in federal court, was unconstitutional because it exceeded the Commerce Clause.
NB, The 3 cases surrounding the commerce clause: The CC was used to justify all of these and SC limited congress as they said that congress their role is to promote free trade (Before they justified everything as interfering with State Commerce to get it passed)
How was power limited by Devolution under New Federalism
Devolution of power to the state governments via revenue sharing, block grants and limits on unfunded mandates:
Omnibus Budget Reconciliation Act (1981) – merged 77 categorical grants into 9 block grants, which would allow states to decide how to spend federal funds.
Unfunded Mandate Reform Act (1995) – unfunded mandates of over $50,000 for state or local governments needed a majority vote in Congress for the bill to continue.
Temporary Assistance for Needy Families (1997) – block grants for the states which gave them much greater freedom to determine welfare benefits
