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Dual Federalism

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on 3 September 2013

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Transcript of Dual Federalism

Dual Federalism II
Dual Federalism II
Federalism (part I) was the era of government that lasted from 1789 to 1860.
The idea that there were two completely different and sovereign forms of government: state and national.
Under this political agenda, the national government had little to no interference with state rulings and interstate transactions.
Supreme Court Cases and Acts
Important People: FDR's "new deal" ended the era of Dual Federalism and lead to the next era; Cooperative Federalism. With the great depression hitting America, commerce was elevated to a more national level and the national government earned a greater role in the control of commerce between states.
By: Jonathan Mayorga
Nick Nolte
Keegan Cassin
Joel Trevino

Dual federalism is the political arrangement that separates the power of the federal and state governments.
Dual federalism II started after the civil war as the federal government grew in power passing the civil war amendments(13th, 14th, 15th).
The 13th amendment abolished slavery, the 14th amendment gave all citizens born in America equal rights, and the 15th amendment gave African American men the right to vote. These amendments all undermined the power of the states, particularly the Southern states who refused to view African Americans as equals. These amendments imposed the power of the federal government onto the states.
Plessy vs. Ferguson(1896)- upheld state's rights to have racial segregation if the facilities follow the "separate but equal" doctrine. This landmark court case took away power from the national government and gave it back to the states in regards of segregation.
Interstate Commerce Act(1887)- this act regulated interstate railroad rates which stopped the monopolization of companies. This act gave the national government power to govern inter-state relations.
Keating-Owen Child Labor Act(1916)- this act abolished child labor and prohibited the sale of any commercial goods produced by factories/mines who employed underage children. This gave the national government power to set precedents for working conditions in all states.
All of these acts and court cases showed the exercised powers of the federal and state governments.
The 16th amendment allowed the national government to collect income tax from all American citizens. This gave the national government an individual source of income which further established it's governing power.

The 17th amendment allowed the direct elections of senators by American citizens which gave more power to individual people/states over the national government.

The 18th amendment prohibited alcoholic beverages in the United States by declaring the production, transport and sale of alcohol illegal. The national government again exercised its power of the states.
Williams vs. Mississippi(1898)- in spite of the 14th amendment, the supreme court ruled in favor of the state's in that they have the right to impose poll taxes and literacy test for all voters, effectively discriminating against the black males of the time.
Cake analogy:
The cake is layered because of the separate powers of the federal and state governments. Each layer has its own flavor and ingredients for it, representing the individual powers exercised by them but all under the same nation, the entire cake.
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