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Cooperative Federalism

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.

Major Court Cases:

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.

United States V. Darby Lumber Co. (1941)

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.

The Supreme Court upheld that Congress had the authority under the Commerce Clause to regulate employment conditions and trade. This case set the constitutional foundation of Cooperative Federalism, and evaluated the relationship between the state and national government.

Korematsu v. United States (1943)

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.

Supreme Court ruled that protection of the country, was more important the individual rights. This case showed the supremacy of military rule and executive orders to the public.

Brown v. Board of Education (1954)

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.

Supreme Court ruled that segregation of schools violated the 14th amendment (Stated that all US citizens were subject to equal jurisdiction and protection). In reaction to this case, states argued that federal government was intruding on states’ governmental rights.

Cooper v. Aaron (1958)

Background:

In reaction to Brown v. Board of Education, many states refused to follow the Court’s ruling, on the thought that they could nullify federal court decisions if they felt it violated the constitution.

The Supreme Court disagreed with States’ actions and stated that only the Supreme and Federal had the power of judicial review and can decide when the constitution is violated.

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.

Social Security Act: This act changed the relationship between government and its people. Citizens now relied on the government to take care of their needs with financial compensation.

FDR created the Emergency Relief Act which gave $5 billion to the Works Progress Administration and created employment opportunities for

8 million citizens.

21st Amendment ended prohibition. The government could now regulate and tax alcohol again which led to profit for the state and national governments.

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 Smith Act of 1940 made it illegal for people to go against the US government. American Communists in the 1950’s were commonly in violation of breaking this act.

Societal Changes:

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?”

The New Deal changed the way how the state and national governments would interact with each other. The federal government began to give money to states (as the national government had more financial resources) to carry out a mutual goal.

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.

During the 1950s, the civil rights act began to start. After the ruling in Brown v. Education, schools were to be desegregated as they were not “equal.” In Arkansas, 9 students (later known as the “Little Rock Nine”) were to be integrated into a white school. When the mayor disagreed, Eisenhower sent National Guard troops to help the students enter the school. This power on behalf of the federal government showed that segregation had become a national issue, instead of just a states issue.

From 1939 to 1960, America became heavily involved with global issues. America entered WW2 (1939-1945), the Korean War (1950-1953), and in late 1959, began involving itself in Vietnamese affairs. The almost constant wartime led to a larger government that controlled our industries and what was being manufactured/sold. The government regulated what news American citizens heard about the war and also censored other wartime propaganda. America also utilized the draft to recruit soldiers during these wars.

Defining characteristics of cooperative federalism:

- 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

Also known as Marble Cake Federalism:

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.

Works Cited

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

Cooperative Federalism Legislation:

Background:

Erie Railroad Co. v. Tompkins (1938)

RESULT:

Background:

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.

Result:

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.

Result:

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