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by Valerie Howerton
The Articles of Confederation define the powers of Congress, and established a Congress comprised of one representative from each state, it limited the power of the central government, and it delegated to the states the power to levy taxes and regulate commerce. The Confederation Congress was given the power to declare war, make treaties, and maintain an army and navy. Under the Articles of Confederation legislative, judicial, and executive powers rested with Congress. According to AOC, State gained power. These articles were made to create a "more perfect union".
The Articles of Confederation shifted powers towards state governments!!!
Under the Articles, the states had the power to tax, instead of Congress. Congress could raise money only id they asked states for funds, borrowing from foreign governments, and selling western lands. Congress also wasn't able to draft soldiers or regulate trade.
1. Marbury V Madison
2. McCulloch V MD
3. Gibbons V Ogden
The first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution. This increased Federal Power by giving the Supreme Court the power to review all laws written by Congress or passed by the President.
Ruled that Congress implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland didn't have the power to tax the Bank. This increased federal law because the interpretation was premised on the notion that the national government was the creation of the people and not the states and that Article VI established federal law as the supreme law of the land (supremacy clause).
Ruled that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. Increased federal power, because it prohibited the state from taking any action that would interfere with the free use of rivers and harbors.
The events shiften power towards national government
The National government gained power over the state government, because McCulloch v. Maryland settled the question of national supremacy for a time. Justice Marshall's interpretation was that the national government was the creation of the people and not the states and that Article VI established federal law as the supreme law of the land (supremacy clause). It was written Justice Marshall that the power to tax involves the power to destroy. If the Bank, an entity of the federal government, could be taxed out of existence by the states it would be a breach of Article VI, one of the fundamental principles of the Constitution --the supremacy of the national government.
This was a sectional political crisis in 1832–1837, during the presidency of Andrew Jackson, which involved a confrontation between South Carolina and the federal government. The Force Bill was passed by Congress on March 2, 1833, and authorized President Jackson to use military force against any state that resisted the protective tariff laws. Henry Clay helped broker a compromise bill with Calhoun that slowly lowered tariffs over the next decade.
The Nullification Crisis and Force Bill shifted power towards State Government
Nullification could have allowed a state to declare a federal law null and void within that state unless 3/4ths of the states ratified an amendment that granted Congress the power to enact the law. A state that challenged or nullified the law could either abide by the law or secede.
Before the Civil War, the role of government was generally characterized by decentralization. The national government acted as servant to the states. During the War, state militia and state recruited volunteers were replaced by a policy of federal conscription and the national government reclaimed control over currency and banking, which had been delegated in large part to the states during the 1830s. The 13th, 14th and 15th amendments limited the power of the states in the areas of civil rights and liberties, and established the supremacy of the national Constitution and laws over the states, and put an end to the compact theory and its doctrine of nullification.
During the civil war, the powers were shifted to the National Government
The national government gained power over state governments because during the War, state militia and state recruited volunteers were replaced by a policy of federal conscription and the national government reclaimed control over currency and banking.
1. Court Packing Plan
2. The New Deal
The Court Packing Plan was a legislative initiative proposed by U.S. President Franklin D. Roosevelt to add more justices to the U.S. Supreme Court. This would have increased power of the federal government because the judges would have more power so they would rule in favor of the federal government
This would shift power to the national government
There would be more power to the national government, because there would be more judges to support the federal government and there were new programs Social Security, unemployment compensation, federal welfare programs, price stabilization programs in industry and agriculture, and collective bargaining for labor unions.
Some of the programs are Higher Education Facilities Act, Prevention & Abatement of Air Pollution, Vocational Education Act, Inter-American Development Bank Act, Civil rights, Urban Mass Transportation, Federal-Aid Highway Act, Criminal Justice Act, Food Stamps, Wilderness Act, Social Security Amendment, Voting rights, Child Protection Act, and National School Lunch Act. This caused the National government to gain power overall.
Power was shifted towards State Government
The power was shifted towards state government because eleven grant programs were created and funded and costed $30 million. During this period the federal government was seen as "servant of the states" in the kinds of activities funded. The federal grant system, spurred by the Great Depression, was expanded and fundamentally changed the power relations between federal and state governments.
Devolution Revolution lays out national rights and passes laws to lower level of governments for authority.
This would have shifted power to State Government.
Reagan wanted to reallocate federal and state responsibility and resources for welfare, food stamps, and medicare and would have turned back revenue sources to the states.
This holds schools accountable for the outcome of their students. It has positively impacted teaching and learning. Every State is required to bring all students to a “profcient level”.
The No Child Left Behind Act increased National Government
The power of the National Government has increased because the No Child Left Behind Act gave Congress and the U.S. Department of Education new powers to set policies governing America's public schools.