Chapter 4: Federalism Section 2: American Federalism Conflict & Change (pg.103-110)

Role of the Supreme Court The Framers gave the Supreme Court the power to resolve conflicts between the nation and the states Its 9 members at as referees making decisions based on the Constitution B/c of the supremacy clause in Article VI over 200 years the Court has increased the power of the national government

The 1st Era of American Federalism is Called Dual Federalism This lasted from 1789 to the 1930s Under this system both state and national governments were equal within their own spheres of influence Washington, and Hamilton wanted a strong national gov. Jefferson and Madison wanted strong state gov. Chief Justice Marshall who was chief from 1800 to the 1830s helped the national gov. get stronger

Duel Federalism: “A House Divided” Jefferson and Madison had argued, under the doctrine of nullification that states could nullify (or cancel) national laws that they didn’t like Under this belief states could ultimately withdrawal from the Union under the doctrine of secession This happened in 1860 & 1861 when 11 states left the Union over the south’s right to continue slavery in new states and territories.

The War Between the States, The War of Northern Aggression, The Civil War 1st & only time a conflict escalated into war This war forever changed the United States. In the end, this war put the nation before the states It established the supremacy of the national government in the American federal system The Reconstruction Amendments (13th, 14th, 15th) set national standards that the states had to follow. The picture is of the Battle of Fort Sumter- the 1st battle

Expanding National Power Between 1870 & 1916 there were many social and economical problems in the U.S. The population more than doubled & new technology changed & more businesses became corporations The Gov. tried to help with the Interstate Commerce Act in 1887 and the Sherman Antitrust Act in 1890 but the U.S. Federal Courts were still on the side of business ICA Tried to regulate Railroads

Cooperative Federalism 1930s-1960s This was marked by the belief that all levels of gov. should work together to solve problems, such as poverty. During the Great Depression, FDR started the New Deal which begun many program like the WPA to give the unemployed jobs. The New Deal was a major change for the national gov. b/c for the 1st time it assumed responsibility for social and economic welfare of the people. Over time the Supreme Court upheld most of the New Deal

Creative Federalism 1960s-1980s In the 1960s LBJ further expanded the powers of the national gov. with his Great Society program, which was aimed at ending poverty and inequality. Examples: Medicare and Medicaid These grants came with strings attached and if states did not do as the federal gov. wanted the state would not get the money for the programs. This increased the national gov. spending and the power of the national gov. (some thought to much)

New Federalism 1980s-2001 During the Reagan years he started to return more power to the states. They believed that the state governments were more effective. Newt Gingrich and his Contract With America continued this idea and called it devolution. This forced Bill Clinton to agree & say “the era of big government is over.”