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The Push and Pull of Federalism - Annotated Timeline

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Zach Evans

on 6 October 2013

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Transcript of The Push and Pull of Federalism - Annotated Timeline

Federal Power
Land grant universities are located on federally owned land that has been granted to the states. These universities are to offer a higher education in agriculture, military sciences, and engineering. State power is increased due to more control and power over land in the United States.
State Power
Americans with Disabilities Act
14th Amendment
16th Amendment
Civil War
Supremacy Clause
McCulloch v. Maryland
Elastic Clause
Development of the Department of Homeland Security
Institution of the Federal Income Tax
New Deal
9/11 Attacks
Law Enforcement Assistance Act
Pure Food and Drug Act
104th Congress
10th Amendment
Kentucky and Virginia Resolutions
Election of Ronald Reagan
No Child Left Behind
Formation of Land-Grant Colleges
The Articles of Confederation established a confederation under the name of the United States of America. A confederation is a type of government where the national government derived their power from the states. The Articles of Confederation is the ultimate example of increasing state power because the Article of Confederation established the states as the root of power in the country. One example of the increasing state power in the Articles of Confederation is how the national government cannot tax by themselves and had to go the states to willingly give them money.
Articles of Confederation
The 10th Amendment was ratified on December 15, 1791 and is the last amendment of the Bill of Rights and it declared that the powers not given to the federal government in the Constitution, or prohibited as state powers, are reserved for the states. This topic increases state power because this is one of the first times that the power of states is brought up. Now the states have the right to say any powers not specifically stated in the Constitution is a power for the states.
The Virginia and Kentucky Resolutions were drafted in 1798 and 1799 in which Virginia and
Kentucky state legislators declared that the federal Alien and Sedition Acts. The Virginia Kentucky Resolutions said that the federal government could not exercise rights that were not given to them in the Constitution so therefore the states could nullify or deem the federal governments as unconstitutional. This adds powers so the states because the states are arguing that whatever the state deems unconstitutional they can nullfiy. In other words, anything the states don't want to complywith, they don't have to.
The Constitutional Convention took place from May 25 to September 17, 1787 and it addressed the problems that the United States America had under the Articles of Confederation. And the Constitutional Convention increased the power of the federal government because the convention took power away from the states and added power to the federal power with the creation of the Constitution.
Constitutional Convention
The Supremacy Clause is located in Article VI, clause 2 in the Constitution and it states that the US Constitution, federal statutes, and US treaties are the Supreme Law of the Land and that state judges must follow federal law when an issue between federal law and state law arises. This increases federal law because any issue that is conflicting between the federal law and that state law is automatically resolved according to the federal law.
The elastic clause states that “The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” This part of the constitution enables congress the power to make laws on subjects not mentioned in the constitution. The common controversy of this is that it clashes with the fourteenth amendment. The elastic clause increases federal power because of the fact that federal laws rule over the laws of the state.
Gibbons v. Ogden
Gibbons v Ogden enforced the power of Congress to control interstate commerce and navigation. Ogden had a monopoly to operate steamboats in a certain area in New York and New Jersey. Gibbons operated steamboats there as well, so Ogden sought injunctive relief against Gibbons so therefore it increased the power of the federal government.

The federal income tax was initiated in 1862 in order to fund the civil war. These taxes are now used to fund government projects of all kinds. This increase of federal funds also increased s it turn it also increased federal power because it allowed the federal government to do more by having more money
The Civil War lasted from 1861 to 1865 and occurred when southern states succeeded from the union and created the Confederation States of America with the main source of succession as the issue of slavery. The Civil War greatly increased the power of the federal government because it established its power over the states. Before the Civil War there was no national currency and also there was not much taxation occurring from the federal government until the Civil War.
The terrorist attacks of 2001 caused a spark of patriotism that seemed to unite the entire country over night. unfortunately, they also caused a fear of more international strikes on America. this pushed the federal government to initiate agencies and programs to ensure further strikes would not occur. The attacks forced the national government to increase its power in order to prevent any more terrorist strikes.
There was a greater sense of danger after the terrorists attacks of 2001, homeland security extends and recombines responsibilities of government agencies and entities. This increases the power of the federal government because this is one more area that the federal government is now taking charge of.
The 16th Amendment was ratified on February 3, 1913 and allowed Congress to have power to collect taxes on incomes, without having to distribute them between the states. This increased federal power because income tax is a very large amount of money that is now taxable. Today, that is where the federal government gets a lot of their money. Along with the fact that they don’t have to share the money between the states is definitely adds power to the federal government.
The pure food and drug act of 1906 was put in place to ensure that food sold in the united states was up to a national standard. Goods sold now had to pass health codes and no longer could food be sold with false labels. This act increased federal power because it sets national standards that the states must achieve.
The 14th Amendment was ratified on July 9, and it addresses the citizenship rights and equal protection of the laws. It was proposed to ensure former slave’s rights and Southern States that succeeded had to ratify it in order to regain representation in Congress. The 14th Amendment increased federal power because at the time it was a requirement for southern states to ratify in order to be represented in Congress. The 14th Amendment was used as leverage against the southern states in order to make sure the rights of former slaves were met.
The New Deal was a series of domestic economic programs enacted in the United States between 1933 and 1936. They involved presidential executive orders or laws passed by Congress during the first term of President Franklin D. Roosevelt. The programs were in response to the Great Depression, and focused on the three r’s: Relief, Recovery, and Reform. That is Relief for the unemployed and poor; Recovery of the economy to normal levels; and Reform of the financial system to prevent a repeat depression. these programs strongly increased the power of the national government

The Law Enforcement Assistance Act of 1965 led to creation of the Bureau of Justice Statistics, a federal government agency belonging to the U.S. Department of Justice and a principal agency of the U.S. Federal Statistical System. The agency publishes data regarding statistics gathered from the roughly fifty-thousand agencies. This Act and the agencies is helped create increased federal power by expanding the abilities and knowledge of the national government.
Americans with Disabilities Act is a law that was enacted by Congress in 1990 and was enacted in order to protect the rights of people with physical and mental disabilities. Americans with Disabilities Act increased federal power because the act gave the federal government the power to mandate the states to treat the people with disabilities justly and equally.
Hoke v. United States
A court case ruled that Congress could not regulate prostitution, as it was the business of the states
Ronald Reagan, president from 1981- 1989 believed in limited government intervention. He was also a strong advocate of giving power to the states. This philosophy that states should have a stronger position in government increased state power in the United States.
The act required states to develop assessments in basic skills. To receive federal school funding, States must give these assessments to all students at select grade levels. The Act does not assert a national achievement standard. Each individual state develops its own standards. This act increases state powers by giving them the ability to determine the standards for public schools which its residents attend
The 104th Congress met in Washington DC from January 3, 1995 to January 3, 1997. During this time period Congress considered moving programs like Medicaid and welfare to the states in block grants. This is called devolution; when a central government gives powers to a lower government. So the 104th Congress increased state power because powers are being shifted to the state government from the federal government.
The state of Maryland attempted to tax the Second Bank of the United States by creating a tax on all banks not chartered in Maryland. The Supreme Court argued that the necessary and proper clause allows Congress to charter a bank and that the state government didn’t have the right to impede on “valid constitutional exercises” by the federal government so therefore it strengthened the federal government.
The Supreme Court case ruled that state laws creating separate public schools for blacks and whites are unconstitutional. This was a unanimous decision stating that “separate educational facilities are inherently unequal”. This was a major victory for the civil rights movement, paving the way for integration. This increased federal power because finally, the federal government overruled the states wishes and ruled segregation as unconstitutional.
Brown v. Board of Education
Probation officers attempted to sue their employers for violations of overtime provisions. The state argued that the 11th amendment gives states sovereign immunity from suit in federal court. The Supreme Court decided on the side of the state of Maine.
Alden v. Maine
Printz v. United States
Under this act, certain interim provisions were put into place until the act became more functional. These provisions forced chief law enforcement officers to perform background checks in order to ascertain whether an individual should be allowed to purchase a firearm. The Supreme Court ruled these provisions to be unconstitutional.
Cabell v. Chavez-Salido
Court case deciding that a state law banning aliens from being probation officers was constitutional
United States v. Lopez
A student brought an unloaded firearm into his school, and was found guilty of violation of the Gun-Free School Zones Act of 1990. However, when the case reached the Supreme Court, they considered Congress’s defense to be untenable.
Supreme Court case ruling that African Americans could not be American citizens, and therefore did not have the right to sue in federal court. Dred-Scott had attempted to sue for his freedom when brought to free states. The court also decided that the federal government had no right to regulate slavery in federal territories acquired after the creation of the United States
Dred Scott v. Sandford
The Push and Pull of Federalism Annotated Timeline
In 1795, nearly every member of the Georgia state legislature was bribed to permit the sale of 30 million acres of land at less than two cents per acre for a total of $500,000. A statute was passed in 1796 essentially nullifying the transactions.Robert Fletcher purchased 15,000 acres from John Peck in 1803 for $3,000. Peck had placed a covenant in the deed that stated that the title to the land had not been constitutionally impaired by any subsequent act of the state of Georgia. Fletcher sued Peck. The court ruled in favor of Peck, determining that rescinding a land grant was unconstitutional because it revoked rights previously granted by contract.
Fletcher v. Peck

1) In the past, the United States has often crossed the line between a state favored form of federalism and a national favored one. There have been many events which have pushed us from one side to the other, some with great impact, and some with little. However, even the smallest of impacts has eventually led us to our current position on the spectrum. Recent policies, such as Obamacare, as well as older policies in education, like the individuals with disabilities education act and social security have created a strong federal government. All of these policies have created a government in which the federal branch has put themselves in an immense position of power, to the point where, if continued, we may almost near a state of socialism. Policies like Obamacare are starting to generate a more federal controlled, uniform lifestyle for the people. In a similar respect, education policies are forming a precedent, leading to a society where the federal government controls the learning process, shaping the way the future generations think.

2) Despite how our position on the spectrum changes, the original position the framers intended remains as it was. When this country was first started, a group of brilliant men were put together to decide how the country should be run. Under the Articles of Confederation, it was decided to have a government almost entirely run by the states. This society crumbled, as the stability was seriously lacking. Hence, the framers had to once again come together to generate a more effective society, while still allowing the people the power. In order to do this though, they needed to create a society where the federal government had more control. By creating policies such as the senate being voted in by legislature and the necessary and proper clause of the constitution, the framers turned the state run society into a much more federal controlled society.

3) The framers expectations under the Constitution are a much closer match to today’s society than under the Articles of Confederation. This is mainly because today’s society is also a federal society. Under the original Constitution, there were many key concepts that generated a federalist society with the federal government in charge, and today’s society follows that pattern. Amendments like the 16th, which gave the federal government the right to income tax, express that pattern. However, there are also some key differences. The 17th amendment directly counters one of the key federal powers provided by the constitution by allowing senators to be voted by the people as opposed to the legislature. This entirely goes against what the framers were aiming for.
Jane Roe was an unmarried and pregnant Texas resident in 1970. Texas law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County, contesting the statue on the grounds that it violated the guarantee of personal liberty and the right to privacy implicitly guaranteed in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. In deciding for Roe, the Supreme Court invalidated any state laws that prohibited first trimester abortions.
Roe v. Wade
In 1935, Frank Palkobroke into a local music store and stole a record and killed 2 officers while escaping. He was captured a month later, and was charged with first-degree murder but was instead convicted of the lesser offense of second-degree murder and given a sentence of life imprisonment. Prosecutors appealed per Connecticut law and won a new trial, in which Palko was found guilty of first-degree murder and sentenced to death. Palko appealed, arguing that the Fifth Amendment protection against double jeopardy applied to state governments through the Due Process Clause of the Fourteenth Amendment. The court held that the Due Process Clause protected only those rights that were "of the very essence of a scheme of ordered liberty" and that the court should therefore gradually incorporate the Bill of Rights onto the States as justiciable violations arose. Palko was executed in 1938. The decision on Double-Jeopardy was changed in 1969.
Palko v. Connecticut

The Supreme Court case concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II regardless of citizenship. In a 6-3 decision, the Court sided with the federal government, ruling that the exclusion order was constitutional, with Justice Hugo Black saying that "although the exclusion order imposed hardships upon a large number of American citizens, hardships are part of war. When, under conditions of warfare, our shores are threatened by hostile forces, the power to protect them must be commensurate with the threatened danger".
Civil Rights Act of 1964
The Civil Rights Act of 1964 outlawed against racial, ethnic, national and religious minorities, and women. It also ended racial segregation in public places. This increased federal power because in this piece of legislation, Congress reasserts its power to regulate interstate commerce in Article I, protect voting rights in Amendment 15 and to guarantee equal protection in the 14th Amendment. All of these increase federal power.
Korematsu v. United States
Sherman Anti-Trust Act
The Sherman Anti-Trust Act was passed by Congress in 1890 and allows the federal government to invest and pursue trusts. It was a way for the federal government to regulate monopolies. So this piece of legislation increased federal power because it gave the federal government the ability to regulate the creation of trusts on a market.
Plessy v Ferguson
Plessy v Ferguson was a Supreme Court decision that was passed in 1896 that upheld the constitutionality of state laws that allowed racial segregation. The Supreme Court ruled that “separate and equal” accommodations in public are perfectly constitutional. This decision strengthened the states because it up ruled their ability to allow racial discrimination.
Do Not Call Law
United States V. Morrison
Under the Telephone Consumer Protection Act of 1991, this law creates a registry of consumers who have expressed a desire to not be contacted by telemarketers. Telemarketers are not allowed to call any number that is listed on this registry. This system is managed by the FTC(federal trade commission). This gives more power to the federal government over the state government because it allows the federal government to gain more control of consumer privacy and market fluctuations.
Farming in the 1940's
During the 1940’s, WWII brought on many changes to America. One drastic change was that of farming. In the past, farming had usually been done with many workers using horse drawn machines, but with many workers heading to the factories, the tractor became the only method of farming. This caused a rapid evolution of farming methods, and caused an explosion of productivity. This gave more power to the states, because they were less reliant on the federal government due to their newfound productivity and ability to self sustain.
One of the longest constitutions in the world, California’s state constitution gives the state many powers over the federal government. Ratified on May 7, 1879, the constitution gives the state power to create many agencies, such as the State Compensation Insurance Fund. Not only that, but is also provides a strong protection for the corporate existence of cities and counties and gives protection to a broader amount of rights than the federal constitution. This gives the state clear power as opposed to the federal government.
California's Constitution
In the United States v Morrison, the Supreme Court ruled that parts of the Violence Against Women Act of 1994 were unconstitutional. They ruled this because these parts when against the congressional power under the Commerce Clause. Due to this state power increased because national power was revoked and given to the states.
During the Civil War, the nation plummeted into debt, with the debt expanding about 40 times. However, after the war, there was an intense strive to bring this debt down. Over the next few years, the federal government ran budget surpluses. This gave the federal government immense power over the states because it gave them an expansive wealth to create new acts and decide whether or not to cut taxes.

Washington’s Budget Surplus
Late 1800’s
In United States v. California , the Supreme Court ruled that the federal government owned rights to the undersea land off the California coast, an area with rich oil and mineral deposits. The Supreme Court held that California's rights were limited to low and inland waters. This decision set the playing field for other cases involving coastal oil deposits, thus increasing federal power.
Women's Suffrage 1869
United States v. California
Women's suffrage is the right of women to vote and to stand for office. During America’s youth the citizens with the right to vote were primarily white males. The first territorial legislature of the Wyoming Territory granted women suffrage in 1869. Women’s suffrage increased state power because it increased the amount of voters in each state according to the female population.
Benjamin Gitlow was charged with criminal anarchy during the red scare, due to his involvement with the Socialist Party of America and the writing of his manifesto, The Left Wing Manifesto. His argument was that the manifesto represented historical analysis as opposed to advocacy. He was convicted, and later, when the case was brought before the Supreme Court, the conviction was upheld. The Supreme Court had considered whether or not they could review a challenge to a state law because it violated the federal constitution. This led to selective incorporation, where only certain aspects of the Bill of Rights were incorporated as liberties to states.
Gitlow v. New York
South Carolina Maritime Services asked the South Carolina State Ports Authority (SCSPA) for permission to berth a cruise ship at the SCSPA's port facilities in Charleston. Some cruises offered by Maritime Services would allow passengers to participate in gambling activities while on board. The SCSPA repeatedly denied Maritime Services' requests, contending that it had an established policy of denying berths in the Port of Charleston to vessels whose primary purpose was gambling. Maritime Services file a complaint with the Federal Maritime Commission (FMC), arguing that SCSPA violated the Shipping Act by its denials. The issue was brough to court, who found that the SCSPA, as an arm of the State of South Carolina, was entitled to sovereign immunity and thus dismissed the complaint.
Federal Maritime Commission v. South Carolina Ports Authority
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