20 - Federalism and Civil Liberties I. Cooperative...

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Federalism and Civil Liberties I. Cooperative Federalism (after 1937) II. Modern Variations of Federalism III. The Bill of Rights IV. Liberties vs. Rights V. Nationalization of the BoR I. Federalism starts to change in the 1930’s after the Great Depression. A national cry was made saying the national government must now help. Under Franklin D. Roosevelt, he wants to do his best to fix all the problems. The national government and the Supreme Court kept butting heads; while the national government tries to step in, the Supreme Court rejects their actions. 1936, F.D.R. wins a landslide election, shows that the public supports him and his ideas. F.D.R. wanted to expand the size of Supreme Court by electing more officials, by means of altering the institution itself, a court-packing scheme. The scheme fails but catches the attention of the court sparking a case, NLRB vs. Jones & Laughlin Steel (1937), another name for it was “The Switch in Time to Save Nine.” The National Labor Relations Board (NLRB), created by Congress, was in place to adju- dicate labor issues. During this time, Jones and Laughlin Steel fired employees for trying to organize a union. The employees made their way to the NLRB but nothing changed and the steel company refused them. This case now went to the Supreme Court. Surpris- ingly, a change in the court’s power occurred; they decided to side with the NLRB (the switch). Dual Federalism is much different than cooperative federalism. Cooperative federalism was like a marble cake, it was blurred together unlike a layer cake. In cooperative federalism, the federal government has limited power but they go through the states to do what is needed,
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This note was uploaded on 03/28/2008 for the course POLS 206 taught by Professor Someonethatwasjusttryingtogettheirdoctorate during the Fall '06 term at Texas A&M.

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20 - Federalism and Civil Liberties I. Cooperative...

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