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Cooperative Federalism (1930-1960)

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Joshua Mars

on 18 September 2012

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Transcript of Cooperative Federalism (1930-1960)

Cooperative Federalism
(1930-1960) A concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems.

In Cooperative Federalism, the national, state, and local governments make policies separately but more or less equally (unlike dual federalism). Marble Cake Federalism: Also known as *The national and state governments shared functions and collaborated on major national priorities. (Just like the flavors are mixed in the marble cake). *A form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments.

*There will be an intermingling of all levels of government in policies and programming. A concept in which the state governments, local governments, and the federal government share responsibility in the governance of the people.
They cooperate in working out details concerning which level of government takes responsibility for particular areas and creating policy in that area.
The concept of cooperative federalism put forward the view that the national and state governments are partners in the exercise of governmental authority. *Both the national and state governments are both considered to be independent and interdependent with an overlap of functions and financial resources. This overlapping of powers makes it difficult for one person or one institution to accumulate sovereign power. Cooperative federalism rejects that state and national government must exist in separate spheres and is defined by three elements: 1.National and state agencies typically undertake government functions jointly rather than exclusively. 2.The nation and states routinely share power. 3. Power is not concentrated at any government level or in any agency. The fragmentation of responsibilities gives people and groups access to many venues of influence. The federal government looms over state government, but mutual cooperation goes both ways. Before the New Deal: Until the New Deal, the prevailing concept of federalism was "dual federalism." Thus foreign affairs and national defense were the business of the federal government alone, while education and family law were matters for the states exclusively. Major Court Cases Powell v Alabama (1932): (6th Amendment, right to counsel) Situation: Involved the “Scottsboro Boys,” 7 African Americans accused of sexual assault. An important case in the development of fundamentals of fairness doctrine of the court. -Ruling: Overruled Alabama’s decision of the death penalty on the grounds that there wasn’t a fair trial. Helped incorporate the Bill of Rights into state constitution. Watkins v. U.S: (Congressional Inquiry) - Situation: The court ruled that Watkins wasn’t given an opportunity to determine if he was in his rights to refuse to answer questions from Congress. Basically, it stated the limits of Congress investigative powers. Ruling: Congressional inquiry must be stated in the committee’s charter it the rights of the 1st Amendment are in jeopardy. United States v Darby (1941): Regulation of Commerce Situation: FDR implemented the Fair Labor Standard Act (1938) that regulated minimum wage, maximum hours, child labor laws, and other employment regulations. Result: Darby questioned the government’s ability to regulate business and commerce. Proposal: Darby approached the Supreme Court with his opinion, stating that the regulation of commerce by the national government was unconstitutional. -Ruling: The Supreme Court ruled in favor of congress, because the powers reserved under the commerce clause of the constitution stated that congress was allowed to regulate trade. Effect: This ruling set the constitutional foundation of cooperative federalism, as the interpretation of the constitution in this case evaluated the roles of the state and national governments, and changed the opinion of appointed judges and the public. Korematsu v. United States (1944): Japanese Internment & Equal Protection -Situation: After the bombing of Pearl Harbor, people feared that Japanese Americans would attack the mainland. -Result: FDR forced many Japanese into internment camps in order to protect the public from an attack. -Occurrence: Korematsu, a Japanese man, attempted to avoid internment and was arrested due to violating executive law. -Proposal: Korematsu approached the Supreme Court, claiming that internment camps were illegal because the Japanese were being discriminated by race. -Ruling: The Supreme Court ruled that Korematsu was wrong, because the protection of the country was more important than the individual rights of Japanese Americans. -Effect: Showed the supremacy of military rule over the public. School Segregation & Equal Protection Brown v. Board of Education (1954): Situation: Linda Brown and her family believed that her children were in danger whilst traveling to school, and that segregated schooling violated the 14th amendment. Result: Federal District Court agreed that the segregation was harmful, but since the facilities in white and colored schools were equal, the segregation was legal. Proposal: Brown proposed her case to the Supreme Court, stating the schools were not equal. Ruling: The Supreme Court ruled that the “separate but equal” laws, which had segregated the students, violated the Equal Protection Clause of the 14th amendment. (*14th amendment: all persons born in the USA are citizens and are subject to equal jurisdiction and protection) Effect: First Steps of the Civil Rights Movement. 1950s and 1960s: Revival of theory of nullification. In response to the Supreme Court's ruling in Brown v. Board of Education (1954), southern states argued what they saw as the federal government's intrusion on traditional states’ government’s rights. New Deal Era Legislation: (Impacts) 1933-1939: Roosevelt administration introduces the "New Deal." The president expanded federal authority to regulate the economy and provide social services, based on the federal government's constitutional right to regulate interstate commerce. Although the Supreme Court initially declared Roosevelt's legislation unconstitutional, the Court reversed its position in the late 1930s. Court Packing: Since the Supreme Court rejected FDR’s programs, he created a new system that expanded court to fifteen members, which allowed him to appoint as many as six friendly justices and overturn the conservative majority. Agriculture Act ruled Unconstitutional: In the court case of the United States v. Butler, the subsidy of agricultural farms was ruled unconstitutional. Social Security Act: This act permanently changed the relationship between the government, the public, and the free market. Emergency Relief Appropriations Act: Allocated $5 Billion for work relief projects through the new Works Progress Administration, and led to the employment of eight million Americans. Twenty-First Amendment: Ended Prohibition in the United States National Industrial Recovery Act: Implemented in order to lift the industrial economy out of the depression. Banking Act 1933: Established the Federal Deposit Insurance Corporation, which allocated $25,000 of insurance to each bank account, ended bank failures in America. Dennis v. U.S (1951) (1st amendment) Smith Act of 1940: made it illegal to work to bring down the U.S government. Dennis and other communists were convicted of breaking the Smith Act and the court upheld the decision. Societal Changes: “Little Rock Nine”: Formally all-white Central High School struggled with integration, causing Governor Orval Faubu to block nine black students from entering the school. President Eisenhower sent federal troops and the National Guard to intervene on behalf of the students. Since the National Guard and the federal government intervened, segregation became a national affair, instead of a state issue. Great Depression: *Catalyst for Cooperative Federalism. *National Labor Relations Act of 1935 *Authorized collective bargaining between unions and employees Before the New Deal, the federal government had never before been involved in this area because the power to regulate in this political area belonged exclusively to the states. Between the New Deal and the 1990s, the tremendous growth in these programs and in the federal government spending in general, changed the nature and discussion of federalism from “How much power should the national government have?” to “How much say in the policies of the states can the national government buy?” The New Deal broke the distinction between state and government powers and gave rise to the notion of "cooperative federalism." The principal tool of cooperative federalism was the grant-in-aid, a system by which the federal government uses its greater financial resources to give money to the states to pursue mutually agreed-upon goals. A well-known example of cooperative federalism is the building of interstate highways. The federal government provided up to 90 percent of the cost of highway construction, gave technical assistance to the states in building the highways, and set standards for the new roads. The highways were actually built and maintained by the states. Three points about this sort of cooperative federalism need to be made clear: 1. The federal government and the states agreed upon the goals; both wanted the roads built.
2. Only the federal government and the states were involved in the programs. Cities and local governments were not full partners.
3. The grant-in-aid programs affected only a small number of policy areas; most of the funding went towards highways, airport construction, and housing and urban development. ***20th Amendment***
-Limited the Federal Government, therefore giving the states more power. Tara Mars, Chanse Sanders, Amy Jensen, Jana Gutierrez, Josh Rose, Ty Wilson, Colin Deyoe- 2nd Period "Landmark Cases of the U.S. Supreme Court." Cases. N.p., n.d. Web. 17 Sept. 2012. <http://www.streetlaw.org/en/Landmark/cases>.

"Cooperative Federalism." Wikipedia. Wikimedia Foundation, 09 May 2012. Web. 17 Sept. 2012. <http://en.wikipedia.org/wiki/Cooperative_federalism>.

"Cooperative Federalism." - Conservapedia. N.p., n.d. Web. 17 Sept. 2012. <http://www.conservapedia.com/Cooperative_Federalism>.

"Dual Federalism & Cooperative Federalism." Dual Federalism & Cooperative Federalism. N.p., n.d. Web. 17 Sept. 2012. <http://studentreader.com/dual-federalism-cooperative-federalism/>.

Lanz, C. K., and Jacob Harkins. WiseGeek. Conjecture, n.d. Web. 17 Sept. 2012. <http://www.wisegeek.com/what-is-cooperative-federalism.htm>.

"Cooperative Federalism Law & Legal Definition." Cooperative Federalism Law & Legal Definition. N.p., n.d. Web. 17 Sept. 2012. <http://definitions.uslegal.com/c/cooperative-federalism/>.

"3. Federalism: U.S. v. The States, Topic Overview." 3. Federalism: U.S. v. The States, Topic Overview. N.p., n.d. Web. 17 Sept. 2012. <http://www.learner.org/courses/democracyinamerica/dia_3/dia_3_topic.html>.

Bledsoe, John. N.d. Photograph. US NewsWeb. 15 Sep 2012. <http://www.usnews.com/usnews/photography/70thanniversary/50s/school_integration/school4.htm>.
Works Cited: Brown v. Board. N.d. Photograph. n.p. Web. 15 Sep 2012. <http://umfmarcy.wikispaces.com/Brown vs Board>.

Cooperative Federalism. N.d. Photograph. Student ReaderWeb. 15 Sep 2012. <http://studentreader.com/dual-federalism-cooperative-federalism/>.

Katz, Ellis. "American Federalism, Past, Present and Future." U.S. Information Service's Electronic Journal -- Issues of Democracy. (1997): n. page. Web. 15 Sep. 2012. <http://www.ucs.louisiana.edu/~ras2777/conlaw/federalism.html>.

Stebenne, David. "An Era of Moderation: The United States, 1933-68." . N.p., n.d. Web. 15 Sep 2012. <http://mershoncenter.osu.edu/expertise/force/moderation.htm>.
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