Dual Federalism (Civil War → 1930’s)
After the expansion of national authority during the civil war, the courts again tended to support the state's rights to exercise police powers and tended to strictly limit the powers of the federal government under the commerce clause. Dual federalism - a system of government in which the federal and the state governments maintain diverse but sovereign powers. The era of dual federalism came to an end in the 1930’s when the US was in the Great Depression. Cooperative Federalism and the growth of the national government Cooperative federalism - involves cooperation by all branches of government to solve problems. Views the national and state governments as complementary parts of a single governmental mechanism. Ex: FBI lends expertise to solve local crimes Roosevelt’s new deal - coop federalism grew out of the desire to solve the pressing national problems caused by the GD. Marked the real beginning of an era of national supremacy. It was necessary to obtain the concurrence of the US Supreme Court. Hugo Black - new justice appointed by Roosevelt. Tipped the balance on the Court. After 1937, the court ceased its attempts to limit the scope of the commerce clause. New deal = policies ushered in by the Roosevelt administration in 1933 in an attempt to bring the US out of the GD 1960’s and 70’s saw an even greater expansion of the national government's role in domestic policy. Ex: Medicare and the civil rights act of 1964. The massive social program undertaken in the 60s and 70s resulted in greater involvement by state and local governments. Picket-fence federalism - the model in which every level of gov is involved in implementing a policy. Policy area = vertical picket, levels of gov = horizontal support boards. 2 court cases above became the cornerstone of the regulatory powers that the national government enjoys today. Even activities that occur entirely within a state were rarely considered to be outside the regulatory power of the national government Today congress can regulate almost any kind of economic activity, no matter where it occurs.
Marshall’s validation of the supremacy clause had significant consequences for federalism. Preemption - a doctrine in the supremacy clause of the constitution that provides the national laws or regulations governing a certain area takes precedence over conflicting state laws or regulations governing that same area. 3-5: The Fiscal side of Federalism National government and the states have worked hand in hand to implement programs mandated by the national government Federal mandate - a requirement that a state provide a service or undertake some activity to meet standards specified by a federal law. usually concern civil rights or environmental protection. To help states pay for some of the costs associated with implementing national policies, the national government gives back some of the tax dollars it collects to the states in the form of grants.
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- Fall '16