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Before the 1930’s dual federalism was in place, and when the stock market crashed in 1929, President Hoover left the economic crises to the state and local governments. But by 1933 and the election of Franklin D. Roosevelt, a new perspective on Federalism had arose.
Powell v. Alabama (1932)
9 African American boys (later called “Scottsboro boys”) were accused of raping two white women. All but one boy was sentenced to death after having only one day trials in which their lawyer was presented to them immediately before the hearing. The case was appealed for the fact that they were not given an adequate legal counsel.
The Supreme Court overruled Alabama’s sentence of death penalty on the fact the boys were not given a fair trial. This case sparked a heated a debate and later led to incorporating the Bill of Rights into state constitutions.
FDR had created the Fair Labor Standards Act (1938) which regulated employment regulations such as minimum wage, maximum hours, child labor laws, etc. The Darby Lumber Co. was charged with violations of this act when they did not meet the standards. In turn, the company questioned whether or not the government had overstepped its constitutional authority.
During WW2, after the bombing of Pearl Harbor, people feared that Japanese citizens living in America would attack mainland. President Franklin D. Roosevelt created Japanese internment camps to protect the public from any attacks. A Japanese man, Korematsu, was arrested on violation of executive law, since he refused to go to the internment camps. Korematsu stated that Internment camps were on violation of the constitution, since the Japanese were being discriminated by race.
Linda Brown believed that segregating schools violated the 14th amendment. The District Court ruled that since facilities in white and colored schools were equal, segregation was legal. Brown disagreed with the ruling and proposed her case to the Supreme Court.
1930-1939: FDR introduced the New Deal in response to the devastation that came along with the great depression. He argued that the programs (which included regulating the economy and social service programs) in the New Deal were constitutional, because federal government had the right to regulate interstate commerce. Since money was being passed down from the national government to the states’ government (for execution of FDR’s social programs), it forced all levels of government to work cooperatively with one another.
Since FDR’s programs were being rejected by the Supreme Court, he decided to overturn the conservative majority by expanding the court and allowing him to appoint democratic justices who would pass his programs.
The National Industrial Recovery Act was passed in order to pull the Industrial economy out from depression.
In response to the bank failure, FDR established the Federal Deposit Insurance Corporation which gave $25,000 of insurance to each bank account.
The change on the perspective of federalism was caused by the Great Depression. When FDR, became president, he implemented many programs to help get Americans back on their feet. The National Labor Relations Act (1935) allowed for collective bargaining between employers and unions. Before, everything regarding this had been regulated by the states, and now the national government had control. The immense growth of federal spending on programs throughout the New Deal era led to people asking “How much say in the policies of the states can the national government buy?” instead of, “How much power should the national government have?”
An example of Cooperative Federalism is the building of interstate highways. The federal government provided the money for the majority of the highways and set the standards for the new roads, yet the highways were actually built and maintained by the states. The grant-in-aid funding (which was used to build the interstate highways) went mostly towards roads, airports, and housing/urban development.
- The national and state governments share power and work on government functions together
- Power is spread across multiple levels and institutions, which allows people to have to more influence
- The national government hangs over the state government, but cooperation is mutual.
Alina Sharma Madison Ford
Avery Smith Kali Grau
Marissa Vasquez Shady Sheded
Cooperative federalism: A concept of federalism in which national, state and local governments interact cooperatively to solve common problems, rather than making policies separately but more or less equally.
This created the idea that state and federal governments work together and are partners in governmental authority.
This allowed the national and state government to overlap in its functions, which made it difficult for any institution to have the greatest amount of power.
O'Connor, Karen, and Larry Sabato. American Government: Continuity and Change. New York: Pearson Longman, 2006. Print.
"Landmark Cases of the U.S. Supreme Court." Home. Street Law Inc. and the The Surpreme Court Historical Society, n.d. Web. 14 Sept. 2013
Harry Tompkins was walking home at a night near train tracks. When the train approached, one of the cars’ protruding objects knocked him to the ground where his arm landed on the tracks and was crushed by the train. Tompkins sued Erie Railroad Co. and the court determined the company would have to pay for damages. The railroad company then appealed to the second circuit which then petitioned the Supreme Court.
The Supreme Court held that Federal Courts did not have the judicial power to create common law when state law claims under diversity jurisdiction. The Court’s ruling established the modern law of diversity jurisdiction.
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