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The Increase of Federalism Over Time

By Holly Harrison, Hayley Lechner, Jessica Mugler

jessica mugler

on 5 October 2012

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Transcript of The Increase of Federalism Over Time

State Power Federal Power The Articles of Confederation established a government dominated by the states. Most authority rested with the state legislatures, and the central government was very weak, which caused this system of governing to be ineffective and fail. This failed government led to federalism in the United States. The states had almost all of the power in the Articles of Confederation. Articles of Confederation-
1781-1787 When representatives from 12 states met at this convention in Philadelphia, the Articles of Confederation were still in effect and terribly failing. At the Constitutional Convention, the men wrote the U.S. Constitution to take the place of the Articles of Confederation. Through the Constitution, the convention increased federal power. Before the Constitution, the Articles established a government dominated by the states. When the founding fathers created the Constitution, they created a federalist government to balance power between the state and national governments. Therefore, the federal government gained power at the Constitutional Convention. Constitutional Convention
1787 Elastic Clause
1788 The Supremacy Clause is a clause in Article VI of the Constitution that establishes the Constitution, national laws, and treaties to be supreme over state laws as long as the national government is acting within its limits. This clause increased federal authority because it creates a hierarchy system which declares the national government to have the greatest sovereignty of the country's governmental levels. Supremacy Clause
1788 The Tenth Amendment established that states have powers that are not enumerated in the Constitution, and the national government only has powers that the Constitution specifically assigns to it. This means that the states have supreme power over anything not listed in the Constitution. The Tenth Amendment increases the power of the the states because it gives them powers that the federal government does not have. 10th Amendment
12/15/1791 1780 1800 1900 A case in which Chavez-Salido and two other non-citizens applied to become Deputy Probation Officers for Los Angeles County. The aliens did not get the job due to citizen requirements and filed a complaint. The Supreme court ruled that the state law which excluded aliens from getting the job was constitutional. This increased State power because it said that states can limit certain jobs to citizen. The Virginia and Kentucky Resolutions were political statements drafted by James Madison and Thomas Jefferson that were passed by state legislatures that stated that states had the right and duty to declare acts of Congress unconstitutional if they are not authorized by the Constitution. They argued that states could judge the validity of the power that the federal government exercised. The Kentucky Resolution also added that states had the power to nullify, or invalidate, any federal action that it deemed unconstitutional. These resolutions involved increasing the power of the states because they argued that states had the right to check the powers of the federal government, and they gave more power to the states. Virginia and Kentucky Resolutions
1798-1799 This clause allows Congress to pass all laws necessary and proper to carry out the enumerated powers. Obviously, this increased the federal government’s power because it gives Congress implied powers, which go beyond the powers stated in the Constitution. Therefore, this clause emphasizes the national government’s supremacy. To try to rid Maryland of the national bank, the state taxed the Baltimore bank $15,000 a year. When the bank refused to pay, the case went to the Supreme Court, which ruled that states do not have the power to tax the national government, as the bank is constitutional. This went along with the conclusion that Congress has implied powers as well as enumerated. The ruling that states cannot tax the national government expands federal power. McCulloch V. Maryland
1819 Gibbons v. Ogden was an important court case in which the Supreme Court very broadly interpreted the clause in Article I, Section 8 of the Constitution, which gave Congress the power to regulate interstate commerce. This ruling greatly increased the power of the federal government because the Court ruled that Congress had the power to regulate commerce, which encompassed virtually every form of commercial activity. Gibbons V. Ogden
1824 This was a landmark decision where the Supreme Court held that slaves could not be citizens and that former slaves could not be protected by the Constitution. This case, which played a role in the civil war and is known as perhaps the worst decision made by the Supreme Court, prohibited the federal government from freeing slaves brought into federal territory and ruled that the federal law outlawing slavery is unconstitutional. The ruling of this case increased the power of the states, as it allowed them to keep their slaves enslaved and took power away from the federal government. Dred Scott V. Sanford
1857 The national government asserted its power over the southern states’ claim of sovereignty in the Civil War by settling its federal power militarily. This war was fought primarily between the North and South states over the main issue of slavery, but was also fought between the state and national governments over the issue of power. Ultimately, this war established the federal government’s power over the states, as they defeated the Southern states. Civil War
1861-1865 The Fourteenth Amendment declares that no state can make laws that abridge the privileges or immunities of any United States citizen, that states cannot deprive any person of life, liberty, or process without due process, and that states cannot deny anyone equal protection. It also states that Congress has the power to enforce these provisions. The Fourteenth Amendment increases federal power because it restricts many powers of the states and limits what they can do. 14th Amendment
7/9/1868 Hoke V. United States
January 1913 The sixteenth amendment granted Congress the power to lay and obtain taxes on the incomes of its citizens. This increased the federal government's authority over the state and local governments by permitting them to collect revenue from the working class. Institution of the Federal
Income Tax
March 1913
When the new American government created a national bank, the state legislatures opposed it because it strengthened the national government’s economy control. However, the Supreme Court ruled that the bank was constitutional because Congress has implied powers as well as enumerated powers. Implied powers are based on the “necessary and proper” clause, which states that Congress has power to make all laws needed to carry out its enumerated powers. Implied powers greatly strengthen the power of the national government, as it allows them to create more laws and use more power. McCulloch V. Maryland
1819 Before this ruling, the Bill of Rights did not apply to state governments. The ruling relied on the Fourteenth Amendment, which states that states cannot make laws to take away the privileges of U.S. citizens. Through this, the Court declared that freedoms of speech and press cannot be abridged by states in Gitlow v. New York. This introduced the incorporation doctrine, where the Supreme Court has made most of The Bill of Rights’ provisions applicable to the states as well as the national government, which were binded to these already. As a result, the states saw their power decrease while the national power stayed the same. Gitlow V. New York
1925 After being tried and convicted again of murder, this time of first degree murder instead of second degree, Palko appealed to the Supreme Court. He argued that protection against double jeopardy applied to state as well as federal governments. However, the Court ruled that states did not have to abide by this provision. This ruling gave the states more power, as they were not restricted by the double jeopardy provision. Palko V. Connecticut
1937 United States v California was a court case in which the Supreme Court ruled that the federal government had rights to the undersea land off the coast of California, an area that is rich with oil and minerals. The Court declared that California’s rights were limited to low and inland waters. This act increased the power of the federal government because it limited the seaward rights of the states. United States V. California
1947 Brown V. Board of Education
1954 In the 1950s-1960s, there was an increase of public policies pushing for racial equality which included promoting voting rights, access to public accommodations, open housing, and nondiscrimination in social and economic life. The most important of the civil rights acts, the Civil Rights Act of 1964, made racial discrimination in hotels, motels, and restaurants illegal and forbid many forms of job discrimination. This shows an increase in federal power because the states were required to obey this national law, exercising the federal government’s supremacy over the states. Civil Rights Acts
1964 Roe v. Wade was a court case that declared that any state ban on all abortions is unconstitutional. It forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health during the second trimester, and permitted the states to ban abortion during the third trimester. This case increased federal power because it restricted the power of the states, since they had certain restrictions on what they could and could not do. Roe V. Wade
1973 Ronald Reagan supported devolution, or transferring responsibilities and power from the federal government to state and local governments. In office, Reagan’s opposition to the national government’s spending shifted some responsibility for policy back to the states. Therefore, his election increased the power of the states. In 1994, the Republicans continued this trend of devolution, but lessened their concern in the mid-1990s. Election of Ronald Reagan
1981 Cabell V. Chavez- Salido
1982 The Americans with Disabilities Act is a wide ranging civil rights law that prohibits discrimination based on disability. It applies to job application and employment procedures, public transportation and public buildings, as well as all public goods, services, and facilities. It also protects the full and equal enjoyment of all goods, services, facilities, or accommodations of any public place to disabled people. This law increases the power of the federal government because it forces the states to do certain things in order to follow certain rules. Americans with Disabilities Act
7/26/1990 The 104th United States Congress was a meeting of the legislative branch of the United States federal government. Both chambers of Congress, the Senate and the House of Representatives, had a republican majority for the first time since the 1950s. Congress launched a push for federalism, and created devolution by shifting spending responsibilities from the federal government to the states. This increased the power of the states because it gave the states more power and responsibility. 104th Congress
1/3/1995- 1/3/1996 United States v. Lopez was a court case in which the Supreme Court held that the federal Gun- Free School Zones Act of 1990 was unconstitutional. The Gun-Free School Zones Act forbade the possession of firearms in public schools, and the Court declared that the Act exceeded Congress’s constitutional authority to regulate commerce, because guns in a school zone have nothing to do with commerce. This increased state power because the Supreme Court ruled that the federal government did not have certain powers, which means those powers are then reserved to the states. United States V. Lopez
1995 This case, which was an implication of federalism, ruled that it was a violation of the Tenth Amendment for Congress to require local police to conduct background checks on all gun purchasers. This gave some power back to the states, as it limited Congress's sovereignty. Printz V. United States
1997 United States v. Morrison was a court case in which the Supreme Court ruled that the power to regulate interstate commerce did not give Congress the authority to enact the 1994 Violence Against Women Act. The Violence Against Women Act provided a civil remedy for victims of gender motivated violence, and the Court said that gender motivated crimes of violence were not economic activity. This case gave the states more power because the Court ruled that the Act was not concerning economic activity, so Congress did not have the power to rule over it, only the states did. United States V. Morrison
2000 The September 11th attacks were a series of coordinated suicide attacks upon the United States in Washington D.C and New York City. Planes were intentionally flown into the North and South towers of the World Trade Center and into the Pentagon. The attacks caused the supremacy of the federal government to increase greatly because they triggered a war on terrorism. This heightened presidential and congressional power due to the additional demands placed on them. September 11th, 2001 This act dramatically increases federal power in schools. If schools do not meet the standards of performance established in this act, they will receive sanctions, including loss of federal aid, for failing to meet the standards. When the federal government passed this act, several states challenged federal education regulations. The federal government won. The states and schools feel the intensified federal power that came with this act. No Child Left Behind
January 2002 Conclusion Today, the federal government holds more power than ever before. Over time, there has been a fairly distinct shift of power from state governments to the national government, as the national government has continually proved its supremacy over the states by citing the constitution as the source of its power. The 14th amendment shows this by stating that no state can make any law to abridge the privileges or immunities of U.S. citizens nor shall any state deprive any person of life, liberty, or property without due process of law. Today's federal government is pretty similar to that which the framers presented in Federalist paper #51. Like the framers envisioned, each of the three branches of government hold their own separate powers, yet they are constantly checked by each other to maintain a balance in the federal government. Today's federal government still holds the greatest amount of power and remains supreme over state and local governments, which was also a vision of the framers contained in Federalist paper #51. This court decision held that school segregation was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States. Federal power increased as a result of this case because the Supreme Court ruled that segregation violated the Fourteenth Amendment and the Supremacy Clause states that the Constitution has power over state laws. 1820 1840 1860 1880 1920 1940 1960 1980 2000 Although this case held that the national government could not regulate prostitution, because that was the province of the states, it still allowed the government to regulate interstate travel for prostitution purposes. This upheld the national government’s commerce power and heightened federal power, though not as much as it could have, as it still reserved some power for the states. Made by: Holly Harrison,
Hayley Lechner,
Jessica Mugler Increase of Federalism Over Time
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