1. The Eras of Federalism

2. 4 Different Eras New Federalism (Nixon to Reagan) (Clinton Years)
Marshall Era Federalism
(1800s to Civil War)
Dual Federalism
(Civil War to New Deal)
Cooperative Federalism
(New Deal to Nixon)
(Bush/Obama to Now)
New Federalism
(Nixon to Reagan)
(Clinton Years)

3. Marshall Era Federalism 1800s-Civil War
John Marshall 4th Chief Justice of the Supreme Court Marshall was a avowed Federalist and was appointed Chief Justice by President John Adams Most noted for helping define the lines between State and Federal Power and for laying the basis for an expansion of Federal Power in the future

4. Marshall Era Federalism Key Court Cases
Marbury v. Madison (1803)
Establishes the Concept of Judicial Review
Impact on Federalism: Judicial Review (the ability to rule laws) is later used to invalidate State Laws deemed to be “unconstitutional”
McCulloch v. Maryland (1819)
Inherent Powers
Supremacy Clause
Impact on Federalism: The “inherent powers” (“necessary and proper cause”) used to expand power. The Supremacy of the National Government is established.
Gibbons v. Ogden (1824)
Commerce Clause
Impact on Federalism: Granted wide latitude to Congress’ ability to regulate interstate commerce. Extended definition of interstate commerce to anything that “affects another state” even if it does not cross state lines could be considered interstate commerce.

5. Marshall Era Federalism State Response
“Nullification” John C. Calhoun (Congressman from South Carolina) If a state believes a federal law violates the Constitution they can “nullify” it in practice Based on the concept that the Constitution got its power from State Ratification Civil War solved this question

6. Dual Federalism (Civil War to FDR)
Dual Federalism: a constitutional interpretation that gave the federal government exclusive control over some issues, and states exclusive control over others.

7. Also Known As… Layer Cake Federalism
Each level of government is sovereign in it’s own areas
The powers are clearly defined and DO NOT overlap
Allowed states to design and experiment with their own programs

8. Dual Federalism in Practice
The federal government was small and dealt primarily with foreign affairs and commerce.
States performed the majority of governing over citizens’ day-to-day lives.

9. Cooperative Federalism (FDR to Nixon)
Cooperative Federalism: A constitutional interpretation that gave the federal government authority to establish national goals and compel the states to follow the goals and/or design programs to achieve them.

10. Also Known As… Marble Cake Federalism
The Federal Government takes the lead and establishes national goals the states are compelled/forced to follow
The powers often overlap and can create confusion over who is paying for what and who is supposed to do what
In some cases states have freedom to design programs, others they implement federally designed programs.

11. Reasons Behind Cooperative Federalism
Response to National Crisis
The Great Depression created an economic crisis of a level that had not been seen before. Not only could states not handle it, it was often in their interest not to (“race to the bottom”). In addition FDR had unprecedented levels of public opinion behind his actions.
Growth of Federal Budget
The passage of the income tax left the Federal Government with more money than it ever had
Surpluses
Popularity among State Governments
States would get money from somebody else, spend it, and take credit for spending it.

12. Evolution of Cooperative Federalism
Federal Government is a “servant to the states.” – FDR (New Deal)
Cooperative was the correct word for this time period
However as happens when money gets involved… the people funding things start wanting more control
Regulated Federalism is a better term under LBJ. Federal government designing the programs the states must put in place. (Great Society Programs)

13. Preemption
A power claimed by the U.S. Government based on the Supremacy Clause
The right of a federal law or a regulation to preclude enforcement of a state or local law or regulation.
Examples
Gibbons v. Ogden (1824)
Conflicts in laws
Minimum safety standards vs. Uniform Safety Standards

14. New Federalism (Nixon to Reagan)
New Federalism: A plan to turn over the control of Federal Programs to state and local governments Also known as Devolution

15. New Federalism is a Reaction…
As Federal Control increased it shifted burdens as well as some costs to the States
Especially resented in the South due to Desegregation and the Civil Rights Act
Nixon began to shift the responsibility of program design to the states, while still generally funding such programs (with some cuts)

16. Examples The Nixon Years The Reagan Years
State Commissions to end Segregation
Revenue Sharing: Funds, based on formulas, would shift from the federal budgets to the states
Community Development Block Grant. Chunks of money given to local governments.
Shifted responsibilities to the states, but unlike Nixon, also massively cut funding.
Aids to Families with Dependent Children (Welfare)
School Lunch Programs
Mental Health Programs

17. The Devolution Revolution (Clinton Years)
Bill Clinton elected in 1992 faced a massive restructuring of the House and Senate in 1994 when Republican Majorities took over
The Republicans had issues as part policy goals and part political goals the “Contract With America.”
The Contract set up structures to reorganize the government
One of the major points was to decrease the size and power of the Federal Government

18. Examples/Attempts at Devolution
Personal Responsibility and Work Opportunity Act (Welfare Reform) States have more autonomy to design and distribute welfare Reduced Federal Government responsibilities Instilled stricter time limits and qualifications, reductions in immigrant assistance, and put in work requirements Medicaid Reform Attempted to do the same for the Medicaid Program (assistance to poor families for health care) Was defeated in Congress

19. Federalism Today
“Cooperative” Federalism has turned into “Coercive Federalism” (the national government dangles needed funds in front of the state, who gets it only upon agreeing on certain conditions). Current Issues Planned Parenthood Common Core, No Child Left Behind and Education Affordable Health Care Act Immigration