Federalism Part Three

Federalism Part Three - Federalism Part Three Chapter 3...

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Unformatted text preview: Federalism Part Three Chapter 3 Explain how the Supreme Court interpreted the commerce By the end of this presentation, you should be able to: clause to limit the powers of Congress *Explain how Supreme Court decisions of this era furthered dual federalism and laissez-faire capitalism *Define Progressive Movement Dual Federalism and Laissez-faire Capitalism in the Courts The Constitution in Service to Business These events in the history of federalism in the U.S. take Time Frame place between the end of Reconstruction (1877) and the beginning of the New Deal (1932) The "Second Constitutional Era" in your text's terminology From the 1880s until 1937 the Supreme Court severely What to look for: limited the ability of the federal government and the states to regulate business *A solid majority of the justices of this era were devoted to an extreme version of laissez-faire capitalism and a rigid conception of dual federalism How the Court Limited the Power of Congress *Remember: Congress must have a constitutional basis for every law Congress and Business Regulation it passes *Most economic regulation is premised on the commerce clause *Art. I, 8, cl. 3 gives Congress the power to regulate commerce among the several states, with foreign nations and Indian tribes *Notice how the Congressional power over domestic commerce power is limited to interstate commerce *In upcoming cases example people upset with a federal law asked the Court to nullify the law on two related grounds: The Legal Arguments *To decide the cases, the Court determine the meaning of the phrase "commerce among the several states" *Before 1937 the Court defined interstate commerce consistent with the idea of dual federalism *The Court made a rigid distinction between the powers of the national government and the powers of the state *If something physically moved across state lines, it could be regulated by Congress *If something was "local in nature" (i.e., did not move across state lines), it was reserved to the states to regulate *Congress exceeded the power granted to it by the Constitution's commerce clause *Congress unconstitutionally exercised powers reserved to the states by the 10th Amendment Defining Interstate Commerce The National Scandal of Child Labor Despite the Court, both federal and state government More on this Era To the Supplement! began to grow in size *One reason: The Progressive Movement Government--if run correctly--could be an engine of social improvement *Classic Progressive Personality: T. Roosevelt *Highly recommended: *http://www.eagleton.rutgers.edu/e-gov/e-politicalarchive-Progressive.htm Teddy Roosevelt More Links *http://www.worklore.net/game-launch.html In October, 1929 the stock market crashes A needed change *US enters a depression of unprecedented scale *President Hoover (R) seen as not doing enough *Franklin D. Roosevelt (D) elected on promise to use government to help the nation out of the Depression Remember for history of political parties ...
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This note was uploaded on 09/08/2008 for the course PS 1010 taught by Professor Yahrmatter during the Fall '08 term at Wayne State University.

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