The Push and Pull of Federalism
This timeline presents the push and pull of Federalism in the United States of America, and shows the balance of power between federal and state governments throughout American history.
Luke Cai
WIlliam Griffin
Stephen Mulholland
Nicholas Poling
Red indicates an increase in state power
Blue indicates an increase in federal power
1781
The Articles of Confederation, an agreement of “firm friendship” among the 13 founding states, was ratified on March 1, 1781. The Articles were intended to provide for a weak central government, as those who created the Articles were fearful of a national government that possessed excessive power. As a result, the Articles contained the bare minimums for a national government to function. This meant throughout the period of time in which the Articles were laws of the land, the federal government was chronically underfunded, unable to resolved interstate disputes, and generally ineffective. As a result, the Articles of Confederation dramatically increased the power of the states.
1787
The Constitutional Convention of May 25 to September 17, 1787 in Philadelphia, Pennsylvania marked a dramatic change in the government of the United States of America. The men soon to be known as the Framers were catalyzed into holding the Convention after observing the inadequacies of the Articles of Confederation. These shortcomings were highlighted by a chronically underfunded national government, the lack of a method to resolve disputes between states, and the occurrence of Shays’s Rebellion. The product of the Constitutional Convention, the United States Constitution, mandated an enormous restructuring of national and state governments. After the dust had settled, it was notably apparent that the Constitution markedly increased the powers of the federal government, as it now had the ability to collect taxes, regulate interstate commerce, and establish a military, among countless other powers.
1789
The Elastic Clause is in Article One, Section Eight of the Constitution, and says that Congress may do what is necessary to fulfill the requirements placed upon it. Some citizens thought that this gave Congress to much power, and made it to similar to a monarch, but it has proved to be useful such as when Hamilton used it to charter a bank. The Elastic Clause strengthens Congress, which in turn strengthens the federal government’s power.
1791
The Tenth Amendment to the United States Constitution was ratified on December 15, 1791. As part of the Bill of Rights, the Tenth Amendment was passed to appease those who favored strong state governments. The Tenth Amendment was instrumental in clarifying the relationship between the federal government and states governments by enumerating freedoms and powers not directly indicated in the original Constitution. The Amendment states that, “the powers not delegated to the United States by the Constitution...are reserved to the States.” By directly guaranteeing a number of freedoms and rights to the States, the Tenth Amendment increased state power.
1798
The Virginia and Kentucky Resolutions- The Virginia and Kentucky Resolutions were passed by the legislatures of Kentucky and Virginia in response to the Alien and Sedition Acts of 1798 and were made by Thomas Jefferson and James Madison. They argued that the federal government didn’t have the right to use powers not listed in the Constitution. The Virginia Resolution, by Madison, said that the government could not enact the Alien And Sedition Act because it was not listed in the Constitution, and violated Freedom of Speech. The Kentucky Resolution went further and said that the states should have the right to nullify, or strike down, and federal law that they find unconstitutional. These resolutions would increase the state government by giving them the power of nullification.
1810
Fletcher v. Peck- In the 1810 Supreme Court decision of Fletcher v. Peck, the Supreme Court for the first time struck down a state law on constitutional grounds. In 1795, the Georgia legislature granted land to speculators including John Peck at a very low price and then later it was proven that the legislators were bribed who voted for the grant, so in 1796 the new Georgia legislature passed an act that repealed the grant. John Peck had sold his grant to Robert Fletcher, but the repeal of the grant voided the sale between Peck and fletcher. Fletcher sued Peck in federal circuit court and lost. Fletcher appealed to the U.S. Supreme Court arguing that the 1796. The Supreme Court considered whether the Georgia legislature's act of 1796 that repealed the act of 1795 was a violation of Article I, Section 10 of the Constitution otherwise known as the Contract Clause of the Constitution which states “No State shall … pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.” The Supreme Court decided that the Georgia legislature did violate the Contract Clause when it repealed the grants and although the bribery and fraud was awful, Georgia violated Peck's rights. The law was basically a contract and created rights for Peck and a repeal of the law shouldn't take away his rights as an innocent party who had entered into two valid contacts, buying the land and selling the land. Peck won when the Supreme Court of the United States for the first time found that a state statute was unconstitutional.
1816
McCulloch vs. Maryland- In 1816 Congress chartered a bank in Baltimore, Maryland, but in 1819 the state of Maryland taxed the federal bank. An employee by the name of James McCulloch refused to pay the tax that Maryland levied on the bank. The outcome on the case declared that a state could not tax a federal bank that was laid down by the national government. This case also emphasized that fact that national government reigns supreme, so a state government could not tax a federal establishment. This case strengthened the national government because it stated that the national government was supreme and that congress had the right to tax the federal banks, the states could not.
1824
Gibbons v. Ogden- (1824)The State of New York granted Robert Livingston and Robert Fulton exclusive rights to run steam boats on New York waters. Livingston assigned the right to Ogden, but then Gibbons began running steam ships on New York waters, so Ogden sued for an injunction to stop Gibbons. Ogden was granted an injunction, and then Gibbons appealed arguing that under the Act of Congress his steamships were licensed and that the Act of Congress superseded the exclusive rights provided to Ogden under the law of the state of New York. The first level of New York court found that Ogden's rights were valid and not inconsistent with the Act of Congress. Gibbons appealed and the decision was affirmed by the highest court in New York. Gibbon appealed to the US Supreme Court. The Supreme Court found that the State legislature does not have the right to pass legislation inconsistent with federal laws or to grant an exclusive right to the use of state waterways (even if regulating internal affairs regarding trade) if it is inconsistent with federal law. Gibbons won, and the state lost power in regards to regulating internal trade.
1848
Women’s Voting- In Seneca Falls, New York in 1848 a group of women activists converged to form the first women’s right’s convention, led by Susan B. Anthony. This group pushed for women’s suffrage and in 1872 brought a series of court challenges to test the fourteenth amendment which protected the rights of everyday people, and upheld equality. In 1878 an amendment was passed that said that the United States and the state cannot encroach on the voting rights of citizens. In 1890 Wyoming was admitted as a state and became the first state to let women vote. Soon after other states such as Utah and Idaho let women vote. Finally in 1919 with Teddy Roosevelt being president the amendment was sent to the states for ratification. The 19th amendment stated that the United States as well as the state cannot take away voting rights, and congress had the power to enforce this with legislations. The 19th amendment did not let the national or state government dictate voting rights, but it did give congress power to pass legislation that would enforce the amendment.
1849
The Constitution of California was originally ratified in 1849, prior to California become a state, and has been modified several times since. Most notably, the California Constitution is the third longest in the world. Historians have attributed this to a general distrust of elected officials due to the fact that the California Constitution was written during the Progressive Era. In addition to these achievements, the California Constitution provides for everything from the protection of individual rights to the lawful length of a wrestling match. Because of this, the California Constitution set a precedent for an increased amount of power at the state level.
1851
Cooley v. Board of Wardens - (1851) Pennsylvania passed a law that required ships entering or leaving the port of Philadelphia to engage a local boat pilot to guide them through the harbor, with a penalty for noncompliance. Years later, the Board of Wardens took action against Cooley for violating this commerce law. Cooley argued that the law was unconstitutional under the Commerce Clause. He said that Congress’ commerce power gave it exclusive jurisdiction over interstate commerce. The court found that the Commerce Clause does not deprive the states of all power to regulate interstate commerce. This was an increase in power for the states by helping them to gain more power in interstate commerce.
1857
Dred Scott v. Sandford - Dred Scott, a slave, resided in Illinois a free state for most of his life. When Scott returned to his home state of Missouri he sued for his freedom saying that since he lived in a free state, he was a free man. However, his slave master said that no slave could be a slave under Article III of the constitution. When it was brought to the Supreme Court Justice Taney decided that nobody from slavery has ever become citizen under Article III. The court then proclaimed that the Missouri Compromise was unconstitutional. This case strengthened states' rights because the federal government couldn't regulate slavery in the territories.
1861
The American Civil War took place from April 12, 1861 to May 10, 1865 and remains, to this very day, the deadliest war in American history. The Civil War formally began when the Confederate army fired upon Fort Sumter, a strategic Union installment in Charleston Harbor. Following this event, President Lincoln called for 75,000 volunteers to suppress the southern insurrection. In response, four more southern states affirmed their secession from the Union. The Civil War raged on for four more years, a period of time in which an estimated 750,000 soldiers perished. The Union victory of the Civil War led to a surge in the power of the national government. As conditions for surrender, the southern states agreed that slavery would be abolished, that they would rejoin the Union, and that they would be rehabilitated by Reconstruction.
1862
A land-grant college or university is a school designated by the state to be a part of the Morrill Acts of 1862 and 1890. These acts said that federally controlled land would be gifted to the states to sell to make funds for, or to develop land-grant colleges. The formation of these colleges gives more power to the states because they get previously federally owned lands to put their own schools on.
Institution of the Federal Income Tax - In order to support the Civil War effort, Congress instituted the first income tax. Income tax is based on yearly pay, and the more money someone makes in a year, the more they are taxed on that income. In 1894, the first peacetime income tax was passed by Congress, known as the Wilson- Gorman tariff. Income tax became permanent in the U.S. in 1913 with the sixteenth amendment. Income tax increases the power of the federal government by allowing Congress to place taxes on a citizens income.
1868
The 14th Amendment was adopted on July 9th, 1868 as a Reconstruction Amendment. It addresses citizenship rights and equal protection of laws for former slaves after the civil war. The South was bitter about this amendment because they had to ratify it in order to regain representation in Congress. This amendment has been the basis for decisions such as Roe v Wade. Because of the vagueness of the wording of this amendment, it has been used by the Supreme court for many decisions, such as the one listed above. Because of the wording, the power of the federal government was increased.
Late 1800s
Washington’s Budget Surplus of the late 1800’s happened after the Civil War due to the new technology and resources in America. High Tariffs and new policies helped to support the government. This surplus favored federal power because the economy was growing, but workers with small jobs were trampled by it.
1890
Passed in 1890, the Sherman Anti-Trust Act was the first Act passed by Congress prohibiting trusts. This act was based upon Congress’s power to regulate interstate commerce. The Sherman Anti-Trust Act allowed the federal government to institute measures against trusts to try to destroy them. The Sherman Anti-Trust Act increased state power by breaking up large trusts.
1892
Plessy v. Ferguson - In 1892 a black man named Homer Plessy sat in a white car in Louisiana and was jailed for violating Louisiana's Separate Car Act which applied the separate but equal standard and created segregated railroad cars. Plessy was charged with violating the law and in defense Plessy challenged the constitutionality of the Louisiana law in a lawsuit against the State of Louisiana. He argued that the Separate Car Act violated the 13th Amendment (abolition of slavery) and 14th Amendment (equal protection under the law) of the Constitution, but he lost when the court decided that a State has the right to regulate railroads that operate just in their state and not across state lines. Plessy appealed to the Supreme Court of Louisiana, which upheld the decision. In 1896, the Supreme Court considered whether states may constitutionally enact legislation requiring persons of different races to use separate but equal segregated facilities. Plessy used the same argument he did when suing the State of Louisiana. The Supreme Court of the United States heard Plessy's case and found him guilty once again, and that states may constitutionally enact legislation imposing separate but equal segregation. This ruling increased state power by ruling that state a state is able to implement legislation that is provides for separate but equal.
1906
Pure Food and Drug Act - Passed in 1906, the Pure Food and Drug Act prevented the manufacturing, sale, and transportation of adulterated, misbranded, or poisonous foods, medicines, drugs, liquors. It was the first in a series of consumer protection laws passed in the United States. This limited state government by placing restrictions on exports.
1913
Hoke v. United States - In 1913 a man named Effie Hoke was convicted of transporting two young prostitute women from New Orleans to Texas. When the case was brought to the supreme court it was argued that Congress was exceeding its authority because it was intervening in something that was purely a state affair. In the end, the court ruled that Congress could not regulate prostitution due to the fact that it was a state’s job to do so. This court case increased the power of the state government because it gave the state the right to regulate the transportation of prostitution. This case was purely in the state’s jurisdiction not the national governments.
The 16th Amendment, passed on February 3rd, 1913, allowed Congress to levy an income tax without apportioning it among the states or basing it on the United States Census.This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest. The 16th Amendment increased federal power by allowing the national government to levy an income tax without all of these restrictions.
1922
Gitlow vs. New York - In 1922 a man named was arrested for distributing pamphlets that promoted the establishment of socialism through protest and strikes. Gitlow was convicted under the anarchy law of New York which punished anybody who attempted to overthrow the government. During the trial Gitlow argued that he could not be punished because no action was taken as a result of the pamphlet distribution, however, New York said that any saying or action that could be harmful was to be condemned. This court case increased the power of the state government because the state had the right to stop any publication or speech that could be harmful to national and public security.
1933
The New Deal was a series of relief acts aimed to combat the Great Depression between 1933 and 1936. The New Deal attempted to create more jobs for citizens by creating construction jobs and other things of the sort. Other acts included some that provided cheap housing and others that regulated agriculture. All of these acts strengthened the federal government by making it a major employer, giving it more of a say in everyday life, and giving it a hand in the business portion of America.
1935
Palka v. Connecticut- In 1935, Frank Palka (whose name was misspelled as Palko in court documents) was a Connecticut resident who robbed a music store and killed two police officers in the subsequent chase. Palko was charged with first-degree murder but was convicted with second-degree murder and sentenced to life imprisonment. Prosecutors appealed and won a new trial, in which Palko was convicted with first-degree murder and sentenced to death. Palko called foul, saying that the double jeopardy prevented him from being tried twice for the same crime. The Supreme Court ruled that, through the Fourteenth Amendment, double jeopardy was not entirely applicable to state law. This ruling helped to increase state power by setting a precedent for double jeopardy
1940s
In the 1940’s, Farmer’s had a hard time as they were coming out of the Great Depression and the war was starting. They experienced a shortage of workers, equipment, gas and supplies. Despite all of this, they were expected to put out more food for soldiers and the people on the home front. Food on the homefront was rationed and victory gardens were planted. To deal with this, the New Deal put many new policies into place to combat the shortages, increasing the power of the federal government.
1944
Korematsu v. United States - In 1944 the president of the United States gave the military the right to “exclude citizens of Japanese ancestry from areas deemed critical to national defense.” This case was brought to the supreme court and ruled that the exclusion of Japanese Americans in the U.S. was necessary in emergency situations. This court case increased the power of the national government because the national government was in control of the exclusion of Japanese Americans. The president passed a mandate that involved the exclusion of Japanese Americans.
1947
United States v. California - (1947) The court ruled that the federal government owned the rights to the undersea land off the Californian coast. This was an issue of interest due to the fact that the land was rich with oil and minerals. During the case, the Submerged Lands Act was passed, giving the states ownership of any submerged land within three miles of their coastline. This increased federal power by allowing them to control more space on the ocean.
1954
Brown v. Board of Education-Everyday Linda Brown would have to walk to school across a dangerous railroad crossing even though a school was right around the block from her. That school, however, was a whites only school. In 1954, Linda Brown and her family challenged the segregation in schools saying that it violated the fourteenth amendment that stated equal protection under law. The court ruled that the previously accepted rule of separate but equal facilities was in violation of the fourteenth amendment. This court case signified the strengthening of national government because the national government now prohibited the states from having separate facilities that were based off of race.
1964
Wesberry v Sanders - (1964) Wesberry v Sanders was a United States Supreme Court case involving voting districts in the state of Georgia. Justice Black argued that the phrase “by the people” in the Constitution showed equal representation in the election of members of the House of Representatives. The ruling of this case, on February 17th, 1964, forces states to draw its congressional districts so that they are about equal in representation. This landmark decision increases the individual citizens and the state’s power by equalizing the voting districts, meaning that people are represented more equally from district districts.
The Civil Rights Act of 1964 was introduced in the House of Representatives on June 20, 1963 by Emanuel Celler (D-NY). After consideration by the House judiciary committee, the Act was passed on to the Senate, where it was passed on June 19, 1964 with several amendments. On June 30, the House approved the Senate amendments and on July 2, 1964, the Civil Rights Act of 1964 was signed into law by President LB Johnson. The Act was instrumental step towards ensuring equality among all Americans. Specifically, this piece of legislation outlawed discrimination based on race, ethnicity, nationality, religion, and gender. The Civil Rights of 1964 greatly increased the power of the national government, as it was instrumental in curbing the practice of Jim Crow laws, among other forms of discrimination, in the southern United States.
1965
Law Enforcement Assistance Act- The Law Enforcement Assistance Act was proposed in 1965, and called for the authorization of the U.S. Attorney General to make grants for the training of state and local law officials and also to improve their equipment and tactics. The aim of the act is to strengthen various law enforcement offices throughout the country. The Act strengthens the federal government by giving the Attorney General more power, but also strengthens state government by training it’s law enforcers.
1972
State and Local Fiscal Assistance Act- Sparked by a movement for more grants in the 1970’s, the State and Local Fiscal Assistance Act, passed in 1972, gave out around 30 billion dollars, with one- third going to state governments, and two-thirds going to local governments. This increased state power by giving states more grants to use.
1973
Roe v. Wade - (1973) Roe was a pregnant, single woman who was arguing the constitutionality of the state of Texas’ abortion laws. Under these laws, it was a crime to attempt or obtain an abortion. Roe won her case, with the courts stating that the Texan laws were infringing upon her Ninth Amendment rights. In this case, the state lost power when it was deemed unconstitutional to have anti-abortion laws.
1981
Election of Ronald Reagan - Ronald Reagan was a Republican President elected in 1981 and served for two terms. His policies were based off of supply-side economics, and he created large tax cuts in hope to spark investment and economic stability. He also wanted to strengthen the country’s national defense system. Reagan’s policies ultimately strengthened the power of state government in the nation.
1984
Cabell v. Chavez Salido- In 1984 two young men that were not citizens of the United States applied for parole officer positions. They passed the application process, but were not allowed to become parole officers due to the fact that they were not citizens of the United States. The case was brought to court because it was thought to have violated the 14th amendment which stated the equal protection clause. The court ruled that since it was a federal/government position you need to be a citizen of the U.S. It also ruled that it was symbolically important and patriotically important to have a citizen be a parole officer.
1990
The American with Disabilities Act was signed into law July 26, 1990. It is a wide- range of laws that, in a big picture, prohibit discrimination based on disability during the process of applying for a job. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. It also applies to Federal sector employees. The ADA increases federal government by upholding the 14th amendment.
1991
The “Do Not Call Law,” formally known as the Telephone Consumer Protection Act of 1991 was passed by Congress in 1991 and signed into legislation by President George H. W. Bush. The Act restricts a commercial entity’s use of telephone to solicit potential clients. Furthermore, the “Do Not Call Law” limits the use of text messages, prerecorded or artificial voice messages, and faxes to contact the public. The TCPA increased the power of the federal government, as it delegated the ability to regulate a large sector of the economy to the national government.
1994
United States v. Lopez- In 1994 a senior at a Texas high school brought a concealed weapon to school. He was charged under the Texas state law, but the charges were dismissed after federal agents arrested Lopez because he was in violation of the Gun Free Schools Act of 1990. Congress at first declared that arresting and charging Lopez was constitutional under the Commerce Clause. However, the court ruled that Lopez’s violation of the Gun Free Schools Act of 1990 was a criminal offence and had nothing to do with economics or interstate commerce. Therefore, congress’s ruling exceeded its authority. This court case ultimately weakened the national governments power and strengthened the states power because the national government could not charge Lopez under the Commerce Clause, but the state government still had the jurisdiction to prosecute Lopez with a concealed weapon.
1995
New York v. United States - (1995) The Low-Level Radioactive Waste Policy Amendments Act of 1985 was an Act by Congress that required states to arrange for the disposal of radioactive waste. New York appealed to the Supreme Court arguing that the Act violated the Tenth Amendment of the United States Constitution, which provides for sovereignty of the states. The Supreme Court found that Congress does not have the authority to force a state to adopt a federal regulatory program. The Supreme Court found the monetary incentives permissible (but not the denial of access and the owning of waste components of the Act), and that the Tenth Amendment of the Constitution was violated when Congress directed the states to regulate in a particular area in a particular way compelling them to enact and enforce a federal regulatory program.
In 1995, during the 104th Congress, the Republicans took back Congress, leading to the passage of a lot of conservative legislation. This movement involved the passage of several laws related to the Contract with America. Together, this constituted the Devolution Revolution. One of these passed legislations was legislation that restricted the power of the federal government to enact unfunded mandates upon the states. Unfunded mandates are mandates given to the states that tell them to do something, but don’t provide the funding to carry out these mandates. The restriction of these types of mandates increased state power by lessening the amount of unfunded mandates they had put upon them.
1996
Printz vs. United States- In 1996 two sheriffs by the names of Jay Printz and Richard Mack challenged the constitutionality of the Brady Bill which required law enforcement officers to conduct background checks on handgun purchases. While congress used the Necessary and Proper Clause found in article I of the constitution for backup, the court ruled that even though the federal government could regulate commerce directly, by conducting background checks the necessary and proper clause did not apply to the law enforcement officers of the state. This ruling symbolized that while the power of the state government increased, the power of the national government decreased. This court case limited congress's power .
1998
Alden v. Maine - In 1998 a group of probation officers sued the state of Maine saying that the state had violated several areas of the Fair Labor Standards Act. The case was dismissed from federal court saying that the states “are immune from private lawsuits in federal court, and that congress lacked the power to abrogate the sovereign immunity of states.” The officers then brought this case up a second time, this time in state court. After the second attempt to this case the same ruling was proposed and the case was sent to the supreme court. There, the supreme court ruled that congress had no authority to deny the states’ sovereign immunity. This court case strengthened the states’ power because this court emphasized the fact that the states had control over their boundaries and sovereignty, the national government had no control in this case.
2000
United States v. Morrison - In 2000, the United State Congress passed the Violence Against Women Act. This created a right for victims of gender motivated violence to sue the perpetrator and receive a federal remedy even when no criminal charges were filed. Christy Brzonkala filed suit against two rapists in the District Court of the Western District of Virginia, but the court decided that Congress did not have the authority to pass the Violence Against Women Act. Brzonkala appealed and the Court of Appeals for the Fourth Circuit reversed the lower court's decision. The Fourth Circuit reheard the case and reversed the Fourth Circuit and upheld the district court. Brzonkala appealed the US Supreme Court which found that Congress did not have authority to enact the law, as the 14th Amendment and the Commer Clause did not apply. In this manner the Supreme Court's decision in United State v Morrison put clear restrictions around Congress' ability to pass laws based upon the Commerce Clause of the Constitution.
Reno v Condon - (2000) The case of Reno v Condon was one in which the state of South Carolina sued to block the enforcement of the Driver’s Privacy Protection Act of 1994. The act prevented states from selling or disclosing a driver’s personal information. South Carolina, led by Attorney General Condon, sued to prevent the act from applying to the state. The District Court and Court of Appeals ruled in favor of South Carolina, but United States Attorney General Janet Reno asked the Supreme Court to change the decision. In the end, the Supreme Court upheld the federal government’s right to enact this Act upon the states because the act regulates the states as owners of motor vehicle databases which are used in interstate commerce. This case increased federal power by allowing them to force the states to enforce this act, and by reinforcing the federal government's power to regulate interstate commerce.
2001
No Child Left Behind- No Child Left Behind, proposed in 2001, sets out requirements for schools about testing. It requires annual testing, academic progress, report cards, qualifications for teachers, and funding changes in schools. It’s ideology is that if high standards are set, then they will be met. No Child Left Behind increases the federal government’s power by allowing it to intervene in all of the areas listed above.
September 11th, 2001- On September 11, 2001, America was attacked by militants associated with the terrorist group al- Qaeda. The militants hijacked four planes, crashing two into the World Trade Center buildings, one hitting the Pentagon, and the other landing in a Pennsylvanian field. The attacks resulted in massive destruction and death, killing many Americans. This event triggered a response against terrorism from the United States of America. Due to this catastrophe the United States created the Department of Homeland Security, an action which increased the power of the federal government.
Federal Maritime Commission v. South Carolina Ports Authority- In 2001, South Carolina Maritime Services Inc. asked the South Carolina State Ports Authority (SCSPA) if they could anchor a cruise ship in Charleston, South Carolina. This SCSPA denied and the South Carolina Maritime Services filed a complaint to the Federal Maritime Commission saying that the SCSPA violated the Shipping Act. The complaint was sent to a judge who concluded that since the South Carolina Maritime Services was a branch of the state, it was entitled to sovereign immunity. In the end, the court case ruled that the Federal Maritime Commission is not allowed to arbitrate in a private party’s complaint. This case gave the state government more power because the states’ immunity clause was emphasized.
2002
The Development of the Department of Homeland Security began with the passage of the Homeland Security Act on November 25, 2002. The Department of Homeland Security was created in response to the September 11 attacks, in which thousands of innocent Americans were massacred by Islamic jihadists. The DHS was tasked with protecting the people of the United States from future terrorist attacks, natural disasters, and catastrophic accidents caused by human error. Additionally, the Department of Homeland Security assumed all other responsibilities of the agencies from which it was formed. An example of this can be seen in the consolidation of the U.S. Customs Service and the Immigration and Naturalization Service into U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. The Development of the Department of Homeland Security increased federal power due to the fact that the responsibilities of what had previously been 22 agencies were now placed into one supreme department.
Nevada v. Hibbs- Hibbs, an employee of the Nevada Department of Human Resources, took 12 weeks of leave under the Family and Medical Leave Act too care for his wife. When he exhausted his leave, he was fired. Hibbs proceeded to sue the NDHR in federal court for money damages for violating FMLA. The courts said that while states are immune to lawsuits, this Eleventh amendment immunity does not apply for cases concerning FMLA. By losing some of their lawsuit immunity the states lost power.
Conclusion: Ever since the Framers created the Constitution the concept of federalism has changed drastically. Today we believe that Federalism is in the hands of the federal government. Now that Obama is in power many more pieces of legislation are being passed that strengthen the federal government. A prime example of this is the passage of the Affordable Care Act. By passing this piece of legislation the government now has control over healthcare. Also over the last twenty years, much of the power has shifted between various political demographics. For example, before the 1990's the power in the house was controlled by democrats. However, in 1995 the power in the house shifted to the republicans, and to this day the republicans still have control over the house and a good portion of legislation that passes through the house. In Federalist 51, James Madison states that the government should be comprised of three branches that check on each other to make sure power is not abused. Also, Madison called for a strong central government and a nation that has various interest groups. Through interest groups the nation will flourish. We believe that the expectations of the Framers is very similar to the aspects of government that exist today. For example, the Framers called for a government with three branches with check and balances. Today we have the Executive Branch, Legislative Branch, and the Judicial Branch and each branch checks each other over. Also, the Framers called for a strong central government. Today we have a strong central government with one executive at the head of national affairs. One difference between the Framer's expectations and the present would be the aspect of slavery. The Framers lived in an age filled with the belief of slavery, they therefore believed that slavery would be carried into the future. However, today we have abolished slavery in the United States and passed the Fourteenth Amendment which ensures equal protection for all. Today the federalism in the United State is very similar to what the Framers envisioned 300 years ago. With some differences we believe that if the Framers were alive today they would be pleased with the government that they helped create.
"Cooley v. Board of Wardens – Case Brief Summary." Lawnix Free Case Briefs RSS. N.p., n.d. Web. 25 Sept. 2013.
"FLETCHER v. PECK." Fletcher v. Peck. N.p., n.d. W
"GIBBONS v. OGDEN." Gibbons v. Ogden. N.p., n.d. Web. 25 Sept. 2013.
"NEVADA DEPT. OF HUMAN RESOURCES v. HIBBS." Nevada Dept. of Human Resources v. Hibbs. N.p., n.d. Web. 25 Sept. 2013.
"NEW YORK v. UNITED STATES." New York v. United States. N.p., n.d. Web. 26 Sept. 2013.
"Reno v. Condon (2000)." Infoplease. Infoplease, n.d. Web. 26 Sept. 2013.
"Wesberry v. Sanders (1964)." New Georgia Encyclopedia. N.p., n.d. Web. 26 Sept. 2013.
The Supremacy Clause is in Article VI of the Constitution, and establishes that in any case where state law contradicts federal law, federal law reigns supreme. This clause was used in McCullough v. Maryland and Gibbons v. Ogden by Supreme Court Chief Justice John Marshall. The Supremacy Clause increases the power of the federal government by making it the law of the land.