Cooperative Federalism
Alex H.
Salman S.
Mitch S.
Introduction
Cooperative federalism was first introduced in the United
States during the New Deal era of the 1930s and as a
result the constitutional concept of dual federalism nearly
disappeared. Under dual federalism, the U.S. national
government was granted a limited number of powers
with the states otherwise sovereign. The states were
considered to be as powerful as the federal government
within respective political spheres and each were
responsible for specific government functions that did
not overlap. States with a vested interest in prolonging an
economy based on slavery relied on dual federalism to
support their rejection of federal government
intervention.
Cooperative Federalism
Cooperative federalism is a political and
constitutional concept developed in the early
20th century that emphasizes the
decentralization of power and a not necessarily
equal sharing of governmental responsibilities
between federal, state and local agencies and
institutions, as opposed to a system in which
policy is imposed on local administrators by an
all-powerful federal regime.
New Deal Era
In the New Deal era, cooperative federalism was
best exemplified by federal grant-in-aid programs
that encouraged state governments to implement
programs funded by the national congress. Instead
of imposing a program nationally, the federal
government offered significant financial resources
to entice each state to implement and administer
the program locally. Grant-in-aid programs were
typically funded and designed by the federal
government but administered by participating state
governments.
Programs (New Deal Era, 1933-1939)
(AFDC)- The now canceled Aid to Families with Dependent Children (AFDC) is an
example of a grant-in-aid program created in 1935 and administered by the U.S.
Department of Health and Human Services. AFDC gave financial help to low-income
families with children. Each state that agreed to participate received matching funds
from the national government but was subject to federal regulations.
(FHA)- provided federal financing for new home construction
(CCC)- a work relief program for farmers and home owners
(AAA and NRA)- which imposed restrictions on production in agriculture and many
industries
Court Packing Plan- FDR would enlarge the number of justices from 9 to 13. this
would allow him to “pack the Court” with a majority of justices predisposed toward
the constitutional validity of the New Deal.
Court Cases and Amendment
NLRB v. Jones and Laughlin Steel Co. (1937)- authorized collective bargaining between
unions and employees.
McCulloch v. Maryland, (1819), The state of Maryland had attempted to impede operation of a
branch of the Second Bank of the United States by imposing a tax on all notes of banks not
chartered in Maryland. The Court invoked the Necessary and Proper Clause of the Constitution,
which allowed the Federal government to pass laws not expressly provided for in the
Constitution's list of express powers, provided those laws are in useful furtherance of the express
powers of Congress under the Constitution
10th amendment- Cooperative federalism impedes on the 10th amendment by giving
more powers to Congress, taking more from the people.
Works Cited
http://www.wisegeek.com/what-is-cooperativefederalism.htm
http://www.usconstitution.net/consttop_fedr.ht
ml
http://dictionary.reference.com/browse/elastic+
clause