Federalism Through the Years (John Marshall's 3 main court cases…
Federalism Through the Years
Articles of Confederation
The Articles of Confederation was the Constitution before the Constitution was made. It was a signed agreement between the 13 states. It established the powers of the national government. Since it was made directly after America's liberation from Britain, they made the national government weak for a fear of tyranny. Through the Articles of Confederation the state gained power.
Court Packing Plan
Plan to add more justices to the supreme court in order to pass FDR's new regulations
National Gov't gave more power to the supreme courts, giving the federal gov't more power
The new deal greatly increased the role of federal government in the lives of everyday people. The goal was to recover the country from the great depression. With programs such as the FDIC, the government gained power to control and regulate banks. The federal government gained an extreme amount of power over people due to the broad effects of the programs created.
War on Poverty: forty programs that were intended to eliminate poverty by improving living conditions and enabling people to lift themselves out of the cycle of poverty.
Education: sixty separate bills that provided for new and better-equipped classrooms, minority scholarships, and low-interest student loans.
Medicare & Medicaid: guaranteed health care to every American over sixty-five.
The Environment: introduced measures to reclaim our heritage of clean air and water.
National Endowment for the Arts and the Humanities: created with the philosophy that artists, performers, and writers were a priceless part of our heritage and deserve support.
Job Corps: provided enabling skills for young men and women.
Head Start: program for four- and five-year-old children from disadvantaged families that gave them a chance to start school on an even basis with other youngsters.
The Federal gov't gained overall power due to the new regulations on jobs, the environment, and education. The gov't was allowed to extend it's reach into many industries it coulnd't before
John Marshall's 3 main court cases
Marbury v. Madison was the first case that used the power of Judicial review to void unconstitutional acts from congress. Marbury won in the ruling, by stating that Madison could not prevent Marbury from being the justice of peace in Washington County in the district of Colombia. These gave power to the federal government because they were exercising their power to void unconstitutional acts.
McCulloch v. MD was a case where Maryland tried to tax banks were they had notes that were not from Maryland. Ultimately the decision was that the state did not have the power to tax the bank. This gives power to the national government because it is limiting what the state can and cannot do.
Gibbons v. Ogden was a decision by the Supreme Court that gave power to the national government. It gave them the power to regulate interstate commerce. The Supreme Court ruled in favor of Gibbons. This gave more power to the National Government, because they told what the states could and could not control in their states.
Devolution Revolution- The gradual return of the power to the states through autonomy on certain issues like marijuana and abortion. The "new federalism" would also allow states to receive block grants, instead of the federal gov't regulating how much they were paid. The states gained a huge amount of power due to these block grants , and could also take their own stances on laws inside state borders
Affordable care act
The rising amount of uninsured Americans was a troubling issue in 2010, so president Obama passed the ACA, which prevents private insurers from denying a person healthcare due to a pre-existing condition. This gave power to the federal government, giving them a hand in the affairs of health care, a industry that was virtually 100% privatized before the ACA.
The nullification crisis was when South Carolina didn't want to pay special tariffs given out by the national government. South Carolina used the power they had to void federal laws if they find it unconstitutional. Later the Force Act was put into place that authorized military force to states that did not accept the tariffs. This gave more power to the national government because it forced the states to follow their laws and made them weaker.
After the civil war, the national government gained a lot of power. They were fighting the the confederacy which was fighting for states rights. The loss meant they had to follow the federal laws. The 13th Amendment took away slavery and made it a federal law which gave power to the government. The 14th Amendment gave basic rights and citizenship to African Americans which gave more power to the government because the states now had to follow this. The 15th Amendment gave African Americans the right to vote. The gave power to the Government because it was another federal law that the states had to abide by.