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Dual Federalism

An exciting, in-depth view of the history of dual federalism!!!!
by

Max Vernau

on 18 September 2012

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Transcript of Dual Federalism

photo credit Nasa / Goddard Space Flight Center / Reto Stöckli Dual Federalism!!!! characterized by an era during which
there was little collaboration
between the national
and state government. Dual Federalism arose in 1789 and lasted until 1901. Dual Federalism is... The policy came about when the nation felt an increased need for individual states' rights. This era eventually turned into a division of America, into the Union and the Confederacy. This event, the Civil War, however, was in concerns to the issues of slavery rather than a power struggle. The Evolution
of Dual Federalism The national government dealt with national defense, foreign policy, and fostering commerce. Whereas the states dealt with local matters, economic regulation, and criminal law. The different levels rarely overlapped. Balance Between State and Federal 1789: Constitution Approved by States
1798: Doctrine of Nullification
1819: "Necessary and Proper" Clause
1824: Federal Regulation of Interstate Commerce
1850: Fugitive Slave Act
1857: Scott vs. Sandford court case
1860: The Civil War Historical Events of Dual Federalism Dred Scott vs. John Sandford
1857 Supreme Court Case(s) Generally, a dual federalism maintains specific parameters by which the balance of powers in maintained. National governments are only able to establish power through a system of laws. The overall purpose of the federal authority is limited by constitutional mandate. Thus, a dual federalism was in practice during this era because both types of government had almost equal powers. Dual Federalism: Working in Practice Property Clause- Congress has power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States Judgement reserved and suit dismissed for lack of jurisdiction because the Property Clause is only applicable to lands possessed at the time of ratification(1787). As such Congress cannot ban slavery in the territories. This case had a huge effect on federalism. This decision gave more power to the National Government, because it took power away from the states. It ruled that states could not deny citizens the right to property in territories without due process, and therefore gave more power to the laws of the national government. The Dred Scott decision had a huge impact on the country as it instigated the Civil War, and brought up the Civil Rights Movement. Throughout each government's sphere of influence, each authority maintains sovereignty that generally should not impact one another. In addition, it's important for both the federal and state governments to work together, but also maintain a certain level of distrust and order to operate efficiently and provide the best for its citizens. •The division between the powers of the states and the powers of the national government became very apparent in this era. The entire era of Dual Federalism had a reoccurring theme of a constant power struggle between the regional (state) and federal (national) systems. Dred Scott was a slave living in the slave state of Missouri. His owner took him to Illinois and then to Minnesota, which were both free states under the Missouri Compromise. Scott (slave) sued Sandford for his freedom, claiming to be a citizen of Missouri, based on having obtained freedom by domicile for a long period in a free state.
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