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Federalism Timeline

Ben Kaplan

Hudson Lee

Jeff Dickinson

Matt Calbo

Cameron Berger

Works Cited

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"Cabell v. Chavez-Salido." Cabell v. Chavez-Salido. N.p., 03 Nov. 1981. Web. 01 Oct. 2013. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0454_0432_ZS.html>.

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"FEDERAL MARITIME COMMISSION v. SOUTH CAROLINA PORTS AUTHORITY." Federal Maritime Commission v. South Carolina Ports Authority. N.p., n.d. Web. 01 Oct. 2013. <http://www.oyez.org/cases/2000-2009/2001/2001_01_46>.

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"Kentucky and Virginia Resolutions." Infoplease. Infoplease, 2012. Web. 01 Oct. 2013.

"McCulloch v. Maryland." McCulloch v. Maryland. N.p., n.d. Web. 01 Oct. 2013. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0017_0316_ZS.html>.

"Morrill Act (1862)." OurDocuments.gov. N.p., n.d. Web. 1 Oct. 2013. <http://www.ourdocuments.gov/doc.php?doc=33>.

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"PALKO v. CONNECTICUT." Palko v. Connecticut. N.p., n.d. Web. 02 Oct. 2013. <http://www.oyez.org/cases/1901-1939/1937/1937_135>.

"Plessy v. Ferguson – Case Brief Summary." Lawnix Free Case Briefs RSS. N.p., n.d. Web. 01 Oct. 2013. <http://www.lawnix.com/cases/plessy-ferguson.html>.

"Printz v. United States, 521 U.S. 898 (1997)." Printz v. United States, 521 U.S. 898 (1997). N.p., 27 June 1997. Web. 01 Oct. 2013. <http://www.law.cornell.edu/supct/html/95-1478.ZO.html>.

"RENO v. CONDON." Reno v. Condon. N.p., n.d. Web. 01 Oct. 2013. <http://www.oyez.org/cases/1990-1999/1999/1999_98_1464>.

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"United States v. Lopez." United States v. Lopez. N.p., 08 Nov. 1994. Web. 01 Oct. 2013. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0514_0549_ZS.html>.

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"WESBERRY v. SANDERS." Wesberry v. Sanders. N.p., n.d. Web. 01 Oct. 2013. <http://www.oyez.org/cases/1960-1969/1963/1963_22>.

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“16th Amendment to the U.S. Constitution: Federal Income Tax (1913)."OurDocuments.gov. N.p., n.d. Web. 1 Oct. 2013. <http://www.ourdocuments.gov/doc.php?flash=true&doc=57>.

Freidel, Frank, and Hugh Sidney. "Ronald Reagan." WhiteHouse.gov. U.S. Federal Government, n.d. Web. 1 Oct. 2013. <http://www.whitehouse.gov/about/presidents/ronaldreagan>.

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Conclusion:

As federalism has demonstrated that "the only thing constant is change," it can be difficult to put emphasis on one specific aspect of where we currently fall on the federalism spectrum. That being said, a medium has been reached between those who have the power as granted in the Constitution, and those who have it as a byproduct of our political system. Many politicians from the devolution revolution are still advocates for returning power to the states, they often misrepresent what the people wants because of this. Many of the younger voters in the nation now favor more government involvement in the lives of the citizens, and so a conflict is struck between those who should have the power and those who actually do. Down the road, the young voters of today will likely gain a larger influence on the system of federalism, but for now, it is the politicians who may or may not even represent the general public that have most of the power.

The framers likely envisioned a government in which all aspects of it could effectively manage themselves; Federalist 51 discusses this point. This was was easily achievable, as with the Revolution still fresh on the minds of the civilians, few would want to jeopardize the status of the government. Another aspect of the government that the framers likely wanted was for it to be able to benefit the likes of themselves, with themselves, of course, being the upper class. This, too, was readily achievable, as much of the general population had little to no interest in politics, which made manipulating them in favor a select group of the population much easier. In the long run, the framers likely anticipated a government that would be able to sustain the values of which they had dedicated their lives to achieve, such as the right to life, liberty, and the pursuit of happiness.

If the framers were able to see the federal government as it is now, they would likely be both impressed and astonished. They would note the similarity in the sense that, as in their times, a select portion of the population has control over nearly all the rest, with those people potentially not even representing those who they are elected on behalf of. Also, They would likely be impressed that the Constitution that they drafted is almost entirely now as it was then. Despite the similarities, there would be even more differences between the federal governments of then and now. Most framers would be outraged by events such as the recent government shutdown, they would feel that the government was not doing its job of serving the people. Also, people like George Washington especially would become furious at the sight of what has developed as a result of political parties. The schism between the two parties would be an aspect of the government that would cause many of the framers to become irate. Finally, the framers would be nearly guaranteed to be astounded at the fact that “the common man” has such a large influence on politics. As they were used to a time when only a select few could essentially determine the decisions that were to be made, they would be shocked to see that so many different types of people were now able to vote. Alongside this, the amount of power that the states have since obtained might even scare them, as it would cause the resurfacing of bad memories that took place under the Articles of Confederation.

Increasing State Power

Articles of Confederation

1781

The lack of a strong, central government under the articles left the states as the lead decision makers in the political system

Election of Ronald Reagan

1981

Election of Ronald Reagan

January 20, 1981

Tenth Amendment

1791

Ronald Reagan believed the federal government had grown too large and that more power should be given back to the states. He spent most of his presidency attempting to implement these ideals

Through stating that all powers not granted to the federal government are given to the states, the latter obtained significant policymaking power

Civil Rights Act of 1964

Tuesday, Jan. 7, 1964

Gave the people more rights, decreasing the power of the federal government to make legislature that limits citizens.

Through the lack strong, central government, the Articles strengthened the power of the states, effectively making them the head decision makers of the nation.

Gitlow v. New York

1925

California's Constitution

1879

Virginia and Kentucky

Resolutions

1798-1799

Dred Scott v. Sandford

1857

Court ruled that the first Amendment

applies to all states and can only be taken away if it would cause a situation of potential danger, which can be decided by the states.

By proclaiming its own rights, California took a large step direction of states' rights by saying that the federal government would no longer be the one to determine the responsibilities of a state

These resolutions declared that the states had the right to declare the Constitutionality of actions taken by the federal government. Being able to determine this led to nullification, the right states have to declare any law null and void, a massive step for states' rights

Ruled that blacks were not citizens and could not sue, also that state of slavery would depend on the state of residency. Narrowed the scope of federal power and increased states'

United States v. Lopez

1995

Federal regulation of firearms possession near schools was unconstitutional, as it did not have to do with economics or commerce.

Plessy vs. Ferguson

1896

Formation of Land-Grant Colleges

1862

State & Local Fiscal

Assistance Act

1972

Land-Grant Colleges are colleges provided by the individual states with federal funding. The states are given money to do what they wish in terms of providing college educations to its citizens, which allows states a large amount of power over its institutions.

Money was given to the state and local governments in the form of block grants, increasing states' power through greater freedom of spending, in addition to financial support.

Plessy vs. Ferguson was a court case in 1896. Plessy, black, was arrested for breaking the Louisiana statue of separate but equal facilities, and filed a petition against the court of Louisiana and Ferguson, saying that these ideas are in violation with the 13th and 14th amendment. However, Plessy lost due to the thought that states are constitutionally allowed to create separate but equal facilities for people of different races, and that these facilities do not go against either the 13th or 14th amendment.

This case granted more power to the state governments.

Cooley v. Board of Wardens

1852

By stating the rights that California has as a state, it takes states' rights to a new level, as the states would now determine their rights, not the federal government.

The Supreme Court ruled that despite the federal government having control over interstate affairs, the states do get some say involving trade. This verdict increased the power of the states

Cabell v. Chavez-Salido

1982

Palko vs. Connecticut

1937

Printz v. United States

1997

No Child Left Behind

2002

Upheld state law that stopped aliens from being probation officers because it was one of the exceptions in the Equal Protection Act.

Palko vs. Connecticut increased state power, as it gave states the power to try criminals again as long as it was so that due process could be achieved. This meant that states could violate the restriction against double jeopardy as long as they were attempting to reach due process. Thus, through allowing states to ignore double jeopardy to get to due process, Palko vs. Connecticut increased the power of the States.

Decided that the background checks for purchasing firearms under the Brady Act were unconstittional.

Development of the Department of Homeland Security

September 22, 2001

Women's Voting in Wyoming

1869

Women were given suffrage in Wyoming, contrary to the rest of the nation, and kept the franchise under the Wyoming State Constitution.

Alden v. Maine

1999

Development of the Department of Homeland Security

September 22, 2001

Court ruled that Congress could not take away a state's right to immunity in its own court, allowing citizens to sue the state without their consent.

104th Congress

1997

Federal Maritime Commission(FMC) vs.

South Carolina Ports Authority(SCSPA)

2002

This increased the power of the state governments. The court case stated that corporations that were an arm of the state government also were allowed immunity from the influence of independent companies. This upheld the sovereign immunity of the states.

By restricting the input that the federal government could have on criminal trials, and by lessening the occurrence of unfunded mandates, the states became more powerful at the expnse of the federal

United States vs. Morrison

2000

This court case increased the power of the State. This is because the issue was not considered to be able to be solved at the national level, as no national laws could help Brzonkala prove her case. However, the justices felt that a remedy must be provided by the state. Thus, the Federal government was stating that it did not have the power to solve this issue and that the issue must be handed to the states.

Do Not Call Law

2003

This law gave states the power to decide punishments for companies that called citizens on "Do Not Call" lists to telemarket.

1775

1800

1825

2025

2000

1975

1925

1850

1900

1875

1950

United States vs. California

1947

Nevada v. Hibbs

2003

This court case increased the power of the federal government, as it gave the right to submerged land, including bays and other bodies of water within the coastline, to the federal government. It didn’t increase its power by much, but it gave the federal government more control over the states, as they now had control over some of the bays and other bodies of water adjoining the state to the sea. Thus, through allowing the United States to have possession of submerged land adjacent to the states, federal power was increased.

Unlike many other court cases following the devolution revolution, this one resulted in favor of the federal government, with the verdict being that the state of Nevada had disregarded the Family and Medical Leave Act of 1993.

Farming in the 1940s

Washington’s Budget Surplus

of the late 1800s

Roe v. Wade

1973

Americans with Disabilities Act

2011

In the 1940s, the federal government rationed food and set restrictions on wheat production, preventing low prices and surpluses. It exercised its control over the economy through the Commerce Clause.

16th Amendment

1913

Due to the end of the Civil War and the beginning of industry, the federal government had a surplus in their budget. They could spend this money as they pleased, thus giving them the ability to enact new policies and implement new change; these were enhancements to their current powers.

This case increased the power of the federal government as it allowed for the federal government to declare state laws void if they infringed a personal rights, such as right to privacy or right to free speech. It also allowed for the national government to declare all state laws regarding the restriction of abortion null and void.

The ADA set a federal standard for states to follow: discrimination against the handicapped in employment was forbidden.

This Amendment gave Congress permission to enact an income tax law, giving it considerable power to generate revenue from income taxes.

September 11, 2001

Often in times of crisis, the federal government gains increased powers. In regards to the aftermath of 9/11, the federal government gained enhanced monitoring over the domestic tranquility of the nation, but at the expense of the people's privacy

Development of the Department of Homeland Security

2003

New York v. United States

1971

The fear of more terrorist attacks following the events of 9/11 allowed the federal government to establish the Department of Homeland Security to investigate possible terrorist events and suspects.

Wesberry vs. Sanders

1964

Court decided that the Commerce Clause lets Congress have access to all radioactive waste disposal sites, even if controlled by the state.

Reno vs. Condon

2000

This case increased the power of the federal government. Through stating that Georgia’s system of had to be changed in order for all citizens to have a more equal representation in the state, the federal government was expanding its powers. The Court ruled that congressional districts were to be determined by population; federal power increased through this new, more accurate system of representation.

Pure Food

and Drug Act

1906

Congress passed the Driver Privacy Protection Act of 1994 (DPPA), which stated that information collected by the Department of Motor Vehicles (DMV) could not be given out without the driver’s consent. The Supreme Court ruled unanimously that this law was constitutional, as it regulated commerce under the Commerce Clause and that the DPPA was a constitutional exercise of Congress’ power.

The ruling stated that the federal government could make laws that could overpower the state laws.

By requiring that all food and drugs were to be inspected before being made available to the public, and by mandating that all level of law enforcement obey the requirement, the federal government increased its power by giving it the ability to regulate an aspect of life that had previously been left without regulation.

Institution of the Federal

Income Tax

1862

Sherman Anti-Trust Act

1890

This gave the federal government the ability to draw funds off of the people’s income and hold more power, through increased opportunity for revenue.

Fletcher v. Peck

1810

This act was based upon the power of Congress to regulate interstate commerce. The federal government was also given the power to dissipate trusts, which it couldn't

do prior to the act being implemented

Brown v. Board of Education

1954

By declaring a state law unconstitutional, the Constitution reestablishes itself as the supreme law of the land, thus granting power to the national government

The Court overturned Plessy v. Ferguson

and deemed that all facilities must

be desegregated, the states can no

longer choose. Separate but equal

is unconstitutional.

Hoke vs. United States

1913

The Constitutional Convention

The Supremacy Clause

1788

Hoke vs. United States was a Court Case in 1913. Hoke was attempting to persuade and move Annette Hays from New Orleans, Louisiana to Texas for the purpose of prostitution. The court ruled that the national government had the power to control commerce between states, even if it was the movement of people, as long as this movement was illegal. This increased the scope of power of the national government over interstate commerce and also gave to the federal government substantial policing power.

No Child Left Behind

2002

Under Article 1, Section 8 of the Constitution, the federal government lacks the power to regulate education. However, NCLB grants the federal government the ability to do this, giving it new powers alongside jurisdictions that were previously unreachable

Constitutional Convention

1788

Korematsu vs. United States

1944

Fear of the conditions of the country under the Articles of Confederation allowed for the Constitution to give the federal government several powers previously unavailable to it.

Law Enforcement Assistance Act

2013

The Supreme Court stated that it was not unconstitutional to create restrictions on one racial group that didn’t apply to others, since these laws were necessary for insuring domestic tranquility.

This Court case therefore allowed for the Federal government to make laws that may target one group of people over the other as long as it is for the protection of the general public.

This act forces companies to list their benefactors before getting federal funding or approval, which gives the federal government the ability to determine who they approve of getting funding.

Institution of Federal Income Tax

1913

This allowed the Federal Government the ability to draw funds off of the people’s income and hold more power through a greater amount of money.

Gibbons v. Ogden

1824

The Elastic Clause

1788

Allowed the federal government more control than the states in terms of commerce.

Fear of the conditions of the country under the Articles of Confederation allowed for the Constitution to give the federal government several powers previously unavailable to it.

The Civil War

1861-1865

Fear of state powers following the defeat of the Confederate States of America allowed the Federal Government the opportunity to increase its power.

McCulloch v. Maryland

1819

Court ruled that the implied powers let Congress create a national bank if it is to benefit the nation, and states cannot impede them.

New Deal

1933-1936

The Supremacy Clause

1788

FDR's New Deal yielded perhaps the greatest increase in the power of the national government since the transition from the Articles to the Constitution. By creating new programs like Social Security, the federal government gained power, and also signaled the change from dual to cooperative federalism

By stating that the Constitution is the supreme law of the land, the power of the federal government increases; it is granted specific powers to implement

Increasing Federal Power

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