Dual Federalism (II)
1860-1930
Jessica DeLoach
Simran Dhillon
Stephanie Nguyen
Faith Fugar
• Federalism: where the national and state
governments derive their authority from the
people
• Dual Federalism: the belief of having separate
and equally powerful levels of government is
the best arrangement (ties in with concurrent
powers).
Conflicts within Dual Federalism
• Previously the states
had a lot more power
and rights than the
national government.
So more tension and
conflict came when
national government
was trying to gain
more power than the
states government.
WHAT HELPED SHAPE
DUAL
FEDERALISM???
• AMENDMENTS
• COURT CASES
• SOCIAL CHANGES
AMENDMENTS
• 13th : prohibits slavery/abolishes it
• 14th: Blacks had the right of citizenship in
America
• 15th : Gave blacks the right to vote
– THESE AMENDMENTS WERE CALLED THE CIVIL
WAR AMENDMENTS.
• 16th: Authorized Congress to enact a national
income tax
• 17th : made senators directly elected by
people; removed their selection from state
legislatures.
• 18th amendment- The manufacturing, sale, or
transportation of intoxicating liquors is
prohibited.
• All of these amendments were forced on the
state governments and had to follow them by
law.
COURT CASES
• Hammer vs. Dagenhart Court Case: (1918), was a United States Supreme Court
decision involving the power of Congress to enact child labor laws. The Court
held regulation of child labor in purely internal manufacturing, the products of
which may never enter interstate commerce, to be beyond the power of
Congress.
• Champion vs. Ames Court Case: (1903), was a decision by the United States
Supreme Court which held that trafficking lottery tickets constituted interstate
commerce that could be regulated by the U.S. Congress under the Commerce
Clause.
• Veazie Bank v. Fenno Court Case: (1866), Congress enacted a statute that
increased a 1 percent tax on state bank notes to a rate of 10 percent. The
Veazie Bank of Maine refused to pay the increased tax because it was an
unconstitutional use of Congress's power to tax on a state agency. Concluding,
excessive taxes were through the political process, not the courts.
• Plessy vs. Ferguson(1896) separate but equal was ruled
constitutional in spite of the 14th amendment. The
court ruled in favor of Louisiana under the doctrine of
“Separate but equal”
• Dred Scott vs. Sanford (1857): The Court tried to
manage the slavery issue by resolving questions of
ownership, the status of fugitive slaves and the slavery
in the new territories. The Taney Court, in declaring the
Missouri Compromise unconstitutional, left ruled that
Congress lacked authority to ban slavery in the
territories. This decision ruled out nationally legislated
solutions to the slavery question and left the problem
in hands that did not have the power to impose their
will on other states.
SOCIAL
CHANGES
• Interstate Commerce Act 1887regulate railroad monopolies,
designed to help stop
discrimination, make shipping rates
fair, secret rebates outlawed and
price discrimination illegal.
• Sherman Anti-Trust Act 1890- limit
monopolies, allows to investigate
trusts, companies etc.
• Keating Owen Act of 1916unconstitutional- said that
Congress does not have
the power to regulate
commerce of goods that
are manufactured by
children, and that the act
was unconstitutional.
How amendments affected dual
federalism?
• Overall these amendments changed dual
federalism by giving the national government
more power because this government focused
on what was best for the USA as a whole
instead of the focusing on what was best for
specific parts of the USA (like the states’
governments did).
What caused dual federalism to shift?
• The shift of dual federalism was caused by the Civil
War (which was caused mainly over State’s Rights).
After the Civil War the National government had to
increase its power over the states taking more
control and creating order over the laws to prevent
another war.
OVERALL: How dual
federalism changed?
• In the beginning dual federalism was pretty efficient because
the federal government was concerned more with foreign
affairs, national defense and fostering commerce whereas the
states dealt with local matters, criminal law and economic
regulation. This belief turned rocky during the time period of
the Civil War because most amendments that were made
during this era gave more power to the national government.
After the Civil War, the belief of dual federalism had less
passion than before because the National Government had to
take charge so chaos wouldn’t erupt again (because society
was changing rapidly).
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http://mattdtperfourus.blogspot.com/2011/02/lad-29-keating-owen-child-laboract.html
http://managerlink.monster.com/training-leadership/articles/213-resolve-officeconflicts
http://www.portofhoodriver.com/bridge/index.php
http://www.pennlive.com/midstate/index.ssf/2009/07/last_checks_sent_to_penn
sylvan.html
http://governmentbusiness.blogspot.com/
http://acriact.tripod.com/fedessay.html
http://studentreader.com/dual-federalism-cooperative-federalism/
http://www.sparknotes.com/us-government-and-politics/americangovernment/federalism/section2.rhtml
American Government: Continuity and Change by Karen O’ Connor and Larry J.
Sabato