Results of Dual Federalism
- Because states retained the authority to determine policies for their citizens, policies varied greatly from state to state
- Dual Federalism predominated in the United States unto the 1930s when Cooperative Federalism came about
Dual Federalism as a Layer Cake
Dual Federalism can be represented by a layer cake because of the distinct separation of powers between the State and National government. In the top layer, which can represent the National Government, the enumerated constitutional powers are exercised, and in the bottom layer, which represents the State, policies for citizens are determined. There is no sharing of powers whatsoever so our cake has two distinct layers with two distinct colors and flavors.
Components of the Constitution that support Dual Federalism
13th Amendment
- Art. 1 Sec. 8 gives Congress the power "to make to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers", AKA the enumerated powers of the constitution.
- The 10th Amendment of the Bill of Rights reserves for states or the people powers not assigned to the national government or denied to the states by the Constitution
Banned slavery in the United States
14th Amendment
Guarantees equal protection and due process of the laws to all citizens
15th Amendment
Enfranchised newly freed male slaves
Plessy v. Ferguson 1896
- Plessy challenged LA statute requiring that railroads provide separate accommodations for blacks and whites
- Court found that separate but equal accommodations DID NOT violate the equal protection clause of the 14th Amendment
- Est. Separate but Equal doctrine
Congressional Actions in Dual II
- Morill Act 1862
- Interstate Commerce Act 1887
- 1st ever "Grants in Aid" to the States 1887
- Sherman Anti-Trust Act 1890
Morill Act 1862
- Also known as the Land Grant College Act
- Has become a major educational resource for our nation
"Grants in Aid" to the States 1887
- Made the national government a major player in domestic policy
Interstate Commerce Act 1887
Sherman Anti-Trust Act 1890
Progressive Era
- 1st federal law to regulate private industry
- Allowed Congress to establish itself as an important player in the growing national economy
- Helped the Supreme Court rule that congressional efforts to control monopolies did not give Congress the authority to regulate companies and their actions
a period of social activism and political reform that flourished from the 1890s to the 1920s - main goal was to purify the government
Aftermath of Civil War;
Reconstruction &Southern Resistance
- National government grew in size and powers
- National government attempted to impose its will on the state governments through the 13th, 14th, and15th Amendments (Civil War Amendments)
- Importance of state governments' powers was not diminished until much later
Works Cited
"American Government:." Google Books. N.p., n.d. Web. 30 Sept. 2012. <http://books.google.com/books?id=T3aoBuN7338C>.
"American Politics Today | StudySpace." Chapter 3: Federalism. N.p., n.d. Web. 01 Oct. 2012. <http://www.wwnorton.com/college/polisci/ampol/ch/03/review.aspx>.
"Dual Federalism & Cooperative Federalism." Student Reader. N.p., n.d. Web. 30 Sept. 2012. <http://studentreader.com/dual-federalism-cooperative-federalism/>.
"The History of American Federalism -- An Overview." The History of American Federalism -- An Overview. N.p., n.d. Web. 02 Oct. 2012. <http://www.cas.umt.edu/polsci/faculty/greene/federalismhistory.htm>.
"Plessy v. Ferguson â Case Brief Summary." Plessy v. Ferguson â Case Brief Summary. N.p., n.d. Web. 30 Sept. 2012. <http://www.lawnix.com/cases/plessy-ferguson.html>.
"Roger B. Taney." Roger B. Taney. N.p., n.d. Web. 30 Sept. 2012. <http://www.u-s-history.com/pages/h250.html>.
Definition
The belief that having separate and equally powerful levels of government is the best arrangement.
Dual Federalism
Civil War Era