Activity: Eras of Federalism( in class)

By Table Group: Research the following eras of federalism

Early Marshall Era

Dual

Cooperative

New
______________________________________ Not on chart (add to)

Picket Fence

Devolution Revolution

Coercive

Fill out the Federalism Chart
Types of Federalism: Dual

Dual Federalism
 Belief
in having separate but equally powerful branches and levels of
government
 State
and national levels balance each other out
 Powers
are shared between state and local government
 As
federalism evolved concurrent powers became blurred and the
distinction became less clear
 “Layer
Cake Federalism”
Dual:
In this type of federalism,
each level of government
is responsible for some
policy, and each
government remains
supreme within its own
sphere or layer.
Evolution of Dual Federalism Gradual inceas in Fed.
Power

1789 State’s Rights

1819 McCulloch V. Maryland (Necessary and Proper)

1824 Gibbons V. Ogden- Regulation of interstate commerce


1842 Prig v. Pennsylvania: extended power of federal gov.


No express limitation on regulation in the Constitution
Constitution gave Fed. Power to regulate slavery
Dred Scott: Limited role of Fed gov. to interfere in state’s rights (not a
citizen)
 Court
could take case because of Diversity Jurisdiction: Art III, S: 2 Clause 1

1868 14th Amendment: Due Process Clause strengthens power of Fed.

1887 Interstate Commerce Commission formed: More power of commerce

1890 Sherman Anti-trust Act: Control monopolies and control economy
Cooperative Federalism

Belief that all the levels of government working together
cooperatively can achieve more and solve common problems

16th Amendment 1913 (power to tax income)

Popular in the Depression Era (1930’s)
 Who
fixes the economy?

Lasted into the 1970’s

Characterized by government funded programs such as the
Works Progress Administration (WPA)

Centralized government needs a plan to deal with depression,
civil rights, etc.…

Traditional boundaries are crossed.
Cooperative=Marble Cake
Both levels of government
work together. States carry
out federal mandates.
Duplication of effort by states
and fed.
Creative/Picket Fence Federalism
•President Lyndon Johnson's Creative Federalism as embodied in his
Great Society program, was a major departure from the past. It further
shifted the power relationship between governmental levels toward the
national government through the expansion of grant-in-aid system and
the increasing use of regulations.
•1964-Creative Federalism and the Great Society. Creative Federalism
and the Great Society sought to expand the national government's role
in an effort to achieve socially desirable outcome
•Grants are used to coerce states’ compliance
New Federalism Phase 1
 Nixon
attempts to shift power to
states to more effectively manage
grants
Phase 2 and 3 (Devolution Revolution)

1980s-New Federalism: Phase II. Initiatives of the Ronald Reagan
Administration stimulated the debate on the appropriate roles of
federal, state, and local government. President Ronald Reagan tried to
fundamentally restructure the system of governance.

1981-Omnibus Budget Reconciliation Act.

Tax cuts and reduction in programs

1992 to 1995-New Federalism: Phase III. The Bill Clinton's
Administration sought to devolve greater authority to lower levels of
government. E.G. welfare reform and the Contract with America

Devolution- is a policy of giving states power and responsibility for some
programs.
Progressive and Coercive
Federalism (Obama Era)

Some states are allowed to have greater control over issues
normally reserved to the Federal Gov’t


California Emissions Standards are higher than much of the rest of the
nation. Since the state has such a large population vehicles nationally
will have to meet CA state standards.
In other areas the Federal Gov. uses grants, regulations, mandates,
and direct orders to get states to do what it wants.
Coercive Federalism
Fiscal Federalism
Regulatory Federalism
Types of Federal Grants
Federal Mandates
Categorical Grants
Direct orders
Block Grants
Project Grants
Formula Grants