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1800 ish

1930

1819

Dual/Layer Cake Federalism

• Characterized by national government exercising its power independently from state governments

• Constitutionally based

• Each level of government tried to exercise its own control over its own sphere of influence

Marble Cake Federalism

The New Deal

• Federal and state governments relationship could be described as a marble cake

• Federal government became more intrusive in what had been the state government’s domain

McCulloch v Maryland

• First real challenge of authority

• Revolved around the right of Maryland to tax paper currency needed by a branch of the US National Bank located in the state

• Ruled that “power to tax involves the power to destroy”

• Set up the “necessary and proper” clause

Federalism

Timeline

1970s

1992

1980s

1965

Devolution

• Deficit reduction became a primary goal of President Clinton

• Fiscal federalism and grant programs would be affected by cutbacks in the federal budget

Competitive Federalism

Under Nixon

• Clean Air Act of 1970

o Set national standards for air quality but directed the states to implement the law and enforce it

• Emergency Highway Energy Conservation Act of 1974

o The states had to agree to the highway speed limit of 55mph if they wanted to receive money to build highways

Competitive Federalism

Under Reagan

“New Federalism”

• Offered states pieces of the “marble cake” but they had to promise to develop programs on their own under the conditions of the federal government

• States given more responsibility

Creative Federalism

• The Great Society of LBJ

• Programs such as Medicare and Medicaid increased civil rights legislation

• Forced the states to rely heavily on the federal government to fund their programs

1994

2009

2010

2005

Devolution

Republican Revolution

• The republicans won back control of Congress

• Balance of federal-state responsibilities returned back to the states

Devolution

George W. Bush

• Passed a Medicare prescription drug act

• Federal budget increased which resulted in record deficits and one of the worst recessions in history

Regulation

Barack Obama

• His proposals to end the recession conflicted with devolution

• He favored massive government spending and the regulation of the banking and housing industries

• The new Republican House and the Tea Party disagreed with Obama’s imposing regulations

Education

American Recovery Act

• “the race to the top”

• Encouraged states through grants to satisfy certain educational polices such as national education standards and promoting private education

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