Federalism Flashcards
What was the system of federalism that operated between 1789-1937
Duel federalism
What is dual federalism
The federal government and state governments operate in very distinct spheres, with the federal government restricted to its “enumerated powers” expressed in the constitution. Everything else soft to the states
What idea showed that there still differences between federalists and anti federalists at this time
The idea of “nullification” proposed by anti federalists, argued that, as the creators of the federal government, states should retain the right to limit its’ powers
In 1828, SC declared that a tariff law was “null and void”
Generally, what does the conflict Center around
The “supremacy clause” and the “10th amendment”
What system of federalism operated 1937-60s
Co-OP federalism
What is co-op federalism
A system where there is greater overlap between the roles of the federal and state government
What caused this type of federalism to arise
The “Great Depression”
How did FDR justify this kind of federalism
FDR said that in order to solve the huge social-economic problems caused by the Great Depression (100,000 businesses closed, 25% of US citizens unemployed by 1933), the federal government needed a lot more power to work alongside the states in solving these issues
What amendment allowed this type of federalism to operate
The 16th amendment: allowed congress to collect taxes, with apportionment among the several states. Therefore, could spend vast amounts of money on large welfare projects to improve living standards
What demonstrated this new type of federalism
Growth of “grants-in-aid”, whereby federal government gives money to states for projects
What’s an example of a “grant in aid”
The “Federal Emergency Relief Administration”, which have $3 billion to states to provide short term help to the poor
What type of grants were these “grants in aid”
“Categorical grants”, where the federal government gives funds for a specific purpose and sets the regulations dates must meet in order to qualify for funds
What was the main change introduced by this type of federalism
Taxes would now go to the federal government, who, under certain regulations, would give money to state gov. To provide services
What type of federalism operated between 1960-1980
“Coercive federalism”
What is “coercive federalism”
Another growth in the power of the federal government over the states in relation to the ability of the federal government to override state powers and impose policies on the states.
What helped bring this era of federalism about
Supreme Court decisions in cases like “Brown V. Board”, where the SC ruled that states had to get rid of segregated schools since “separate education facilities were inherently unequal”
Why did this annoy states’ rights activists
Southern state saw these federal rulings as undermining state sovereignty, and represented the federal government acting beyond the powers given to it in the constitution
What made the situation worse for states’ rights activists
In the case “Cooper V. Aaron” (1958), where the SC ruled unanimously that t(r doctrine of nullification (state sopposijg federal law) was invalid
How did the SC justify opposing nullification
The supremacy clause of the constitution makes constitutional law supreme over state law
What was the main example of this new type of federalism
LBJ’s vision for a “Great society, which sought to do and the role of the federal government to tackle poverty and racial inequality
Did federal spending increase under coercive federalism
Yes, there were more new grant programmes introduced in this time than the total number of grant programmes that already existed. Shows the federal government expanding into areas traditionally reserved to states
What was controversial about coercive federalism
It was thought that the federal government put too much pressure on the states )through regulations) in order for them to access the grants
What type of federalism operated between 1980-2000
“New federalism”
Why did this type of federalism come about
The number of categorical grants had increased massively to the extent that their massive cost was becoming controversial. State governments were also critical of the rules/regs they had to follow in order to access grants
