Civil War to the New Deal History of Federalism Civil War to the New Deal

Civil War Issue of slavery led to the dispute over states rights and the supremacy of the national government. Violent climax to the Federalist and Anti-Federalist debate prior to ratification. WHO HAS THE POWER?

Back to State’s Rights Marshall Court had greatly increased the power of the Federal Government During Andrew Jackson administration – shift back to state’s rights Nullification Crisis – South Carolina attempted to nullify a federal law State should have ultimate authority over its citizens Attempt failed with passage of Force Bill by Congress Over Issue of slavery Southern states repealed their ratification of the Constitution

War and Big Government Civil War ended the idea that a state could secede from the Union Desire to increase State’s rights by the South increased the political power of the federal government!

The War Effort All wars have increased the size of the federal government 1865 saw the first billion dollar budget $1.3 billion equal to $18 billion today First temporary income tax imposed on Americans to help pay for war effort.

Civil War Amendments Bedrock constitutional principle prior to the War was federal government should not interfere with slavery. 13th Amendment – abolished slavery 14th Amendment – defined who was a citizen “no state shall deprive any person of life, liberty, or property, without the due process of law; nor deny any person within its jurisdiction the equal protection of the laws” Applied the Bill of Rights to the states 15th Amendment – gave all black men the right to vote

Civil War Established the supremacy of the Federal government over the states States could not secede from the Union. DID NOT END THE DEBATE OVER THE DIVISION OF POWERS BETWEEN THE NATIONAL GOVERNMENT AND THE STATES.

Dual Federalism Doctrine that emphasizes a distinction between national and state spheres of national authority. Nation and state are co-equal sovereign powers Neither should interfere in other’s sphere

Dual Federalism Revival of state’s rights after the Civil war Accurate model of the prewar federal-state relations Civil War reduced influence of SCOTUS Dred Scott Case Southern Reconstruction exempted from judicial review Article III. Section 2, Clause 2 “Supreme Court shall have appellate jurisdiction….with such exceptions, and under such regulations as the Congress shall make.”

Supreme Court Reestablished itself as legitimate constitutional umpire. Supported dual federalism Supported states’ rights Limited the powers of the federal government

New Deal on Federalism? Dual federalism receded into background during Great Depression. With election of Franklin Roosevelt – Americans expected federal government to do something! FDR’s New Deal Massive new government programs to deal with economic activity Massive new government programs to combat effects of unemployment and the poor. SCOTUS – holding to dual federalism declared programs to be unconstitutional.

Court Packing Scheme To overcome SCOTUS – FDR attempted to add more justices to court . Congress rejected plan Over time – swing vote moved to support programs By 1945 – FDR had appointed eight of the nine justices New justices supported FDR’s views After 1937 – Court ceased to attempt to limit federal government’s power under the Commerce clause.

Cooperative Federalism Since 1937 –era of cooperative federalism Defined as the states and national government cooperating in solving complex common problems

Cooperative Federalism Aid to Families with Dependent Children (AFDC) Welfare program established in the New Deal Temporary Assistance to Needy Families (TANF) National government funded States free to establish rules States had to conform to regulations established by federal government.

Federal Grants Land grants issued early history and used to fund: Education Building of canals, railroads, and roads. 20th century cash grants began during Great Depression to fund: Pollution control Roads Recreation Types: Categorical and block

Federal Grants Categorical: A federal grant for a specific program or project Medicaid Housing assistance Welfare programs $580 billion given to the states Heavy restrictions and regulations attached

Federal Grants Block Grants: funds provided for a general functional area, such as mental health or criminal justice Congress favors categorical grants because they can be targeted to congressional priorities.

Fiscal Federalism Fiscal – means having to do with government revenue or expenditures Fiscal Policy is policy concerning taxing, borrowing and subsequent spending Fiscal federalism refers to money raised on one level and spent on another – 20% of state revenue comes from the federal government. Carrot and Stick tactics – Drinking age attached to federal highway funds Education grants attached to No Child Left Behind

Federal Mandates Federal legislation requiring states to do ___________. Unfunded Mandate Act 1995 requires Congressional Budget Office to cost mandates in excess of $50 million Cost of unfunded mandates $29 billion per year

Competitive Federalism Competition among states because of differences in now they use grants Favorable business climate Low taxes, good roads, well educated population People want ample government services but don’t want to pay for it through taxes.

Summary Questions Summarize the impact of the U.S. Civil War and President FDR's New Deal on the historical development of federalism. Define cooperative federalism, and discuss its impact on the states.