The Evolution of Federalism

The Evolution of Federalism

Court Cases

Response to Essential Questions

McCulloch v. Maryland

• In this case, the federal government created a national bank in Maryland and argued Maryland could not tax it. Maryland argued the federal government did not have the right to create a national bank there. The federal government used the power to tax and spend law and the "necessary and proper" clause to claim it was necessary for them to place a national bank in order for them to fulfil their enumerated powers to tax and spend. The federal government won this case. This was the first time the "necessary and proper" clause was used to gain federal power, and set the standard for it being done.

"How have federalism and the evolution of federal-state relations impacted the political system and the resulting policies?"

"What is the nature of federalism in the 21st century?"

Centralized Federalism

U.S. v. Lopez

• The U.S. v. Lopez case was about the use of guns in a school-zone. It was argued that the law was unconstiutional and should not be put into place. The supreme court delcared that the law was not in the power of the federal government because it was not an enumerated power. Thus, the Gun-Free School Zone Act was not a federal issue. This was a devolution of the federal government because it removed the power that the federal government had over the issue and gave it to the states.

Cooperative Federalism

• A form of federalism where the national government dominates interngovernmental realations.
• National policies imposed on the state government.
• Present in the US during President Lyndon Jhonson's term.
• Ended with Nixon's term. People have since fought against centralized federalism

Federalism in the United States has shifted through multiple different forms that have impacted the polictical system and resulting policies significantly. These different systems have different foci, thus as a result, each are responsible for the different court cases and grants. The transition between types of federalism significantly changed the way grants were used. For example, during centralized federalism there were far fewer grants given to state governments and a majority of the care was put into the federal government. However, during cooperative federalism. the federal government was far more generous with giving grants.

The use of the "necessary and proper" clause and outcome of court cases has changed due to the federal-state relations. This is primarily because of the different amounts of power given to the federal and state governments under different types of federalism. For example, while under conflicted federalism, the national governement lost the U.S. v. Lopex case. However, using the same clause as evidence, they were able to win the McCulloch v. Maryland case. This is because at the time, the form of federalism was different. Intergovernmental relations are affected by the type of federalism in place at the time.

The nature of federalism in the 21st century is very confusing and conflicting. It encompasses many different parts of duel, conflicted, and cooperative federalism. The two levels of government are separated and take care of their own issues/reserved rights, but alsowork together, showing both cooperative and duel federalism. State and national government work together to enact policies and can even influence eachother. The federal government also sometimes pushes its policies onto the states, which shows centralized federalism. This "conflicted federalism" is what the nation currently believes is the best way to manage our system. The purpose of federalism is simply to balance state and federal powers.

• A form of federalism where there are collaborative intergovernmental relations (grants-in-aids). The state and national government work together with domestic matters.
• Dominant in US from the New Deal Era to 1960s

Conflicted Federalism

The Different Phases of Federalism

• Federalism that contains elements of the 3 previous types of govermnets.
• Is seen in domestic policies implemented by state governments
• Causes challenges in national legislation. People are conflicted on what aspects should exist and the distribution of responsibilities.

No Child Left Behind (NCLB)

• Holds schools more accountable for student outcome. Required schools to test students annually to reach achievment.
• Was a federal government policy that required state governments to create state policies.
• School teachers also needed to establish policies.
• These were all things origionally taken on by the state governments.

Dual Federalism

Clean Air Act

Block Grants

10th Amendment

Civil Rights Act of 1964

• Creates aire quality standards that must be followed by every state
• Protected by Enviromental Protection Agency
• Not an enumerated power, thus it should be a decision of the state.
• Federal power is increased by giving the power to control factories, business, and industry in a state and overriding the state's authority on the matter.

• These are grants that are given to states for general policies. Contrary to categorical grants, which are for specific policies.
• Block grants also have less strings attatched than categorical grants
• This is a devolution of power because it is giving power back to the states and allowing them to spend it on what they want, without as many strings attatched.

• The 10th Amendment of the Constitution says that any power that is NOT enumerated is for the state government.
• This is a devolution of power, meaning it takes power away from the federal government because it gives most powers to the states to decide.
• Parts like the "necessary and proper clause" and "commerce clause" can still be manipulated by the federal government to gain power.

• Act which outlawed discrimantion against groups based on their race, ethnicity, gender, and reigion
• Increased national power because outlawing discrimination was not an enumerated right, but the national government asserted its power. This issue was previously monitored at a state level, but now was federal
• Used the Commerce Clause to say commerce in public settings was banned too, even though they only had the right to outlaw state-sponsored discrimination

Increasing Federal Power

Decreasing Federal Power

The "Necessary and Proper" Clause

• This clause allows Congress to do anything and make any law they deem necessary to fulfill their enumerated powers.
• This gives the federal government a huge amount of power because it permits them to essentially make any law with a certain amount of interpretation to their enumerated power.
• There are a number of court case examples where this clause is used to take state powers

• A form of federalism where the national government takes care of enumerated powers and state governments take care of reserved powers
• Dominant in US 1789-1932

By: Nicholas Entin

9/9/16

Per 6 Copeland