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Federalism

Began with the creation of the Constitution


This kind of Government established a system in which both national and state governments
derive all its authority from the people
One factor of the constant evolution of the federal government is the SUPREME COURT
DECISIONS.
- The method of the dispersing power between power between the states and the
national government is unclear in the government.

Marshall and the SC


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McCulloch v. Maryland national supremacy where the federal laws override state laws
Gibbons v. Odgen right of congress to control commerce and overpower state intercourse
laws
Barron v Baltimore Bill of Rights could not restrict the power of state governments.

Dual Federalism
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After Marshall, JUSTICE ROGER B. TANEY


- Helped in illuminating Dual Federalism
- Idea that each level of the government has defined powers, where the national
government should not exceed those powers.
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10 Amendment
- Crucial part of the dual federalism
- It states that all powers not constitutionally given to the federal government should be
reserved to the states- therefore national power is limited

Dual federalism in Action


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Arbitration
Court emphasized states right and the power of the states in his decisions involving Congress
commerce clause powers
DRED SCOTT DECISION (enlightenment) enhanced state power and limited national power by
the Courts decision that the US congress did not have the authority to ban slavery in territories

Fall of Dual Federalism


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Did not come to an end until 1930s


Changes started on 1880s because of social tensions
- Civil War
- Amendments (13th-17th)
- Series of economic events early 1900s
Bank failures
Decline of agriculture

Decline in construction industry


High consumer good inventories
Stock market crash 0f 1920s
NEW DEAL enacted by President Franklin Roosevelt
- Tried to help bring out US from Great Depression
- Enhanced national authority and required the national and state governments to work
together, a new form of federalism began to take hold on the country
Cooperative Federalism

The Rise of Cooperative Federalism


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Intertwined powers of the federal government.


The national and federal government will work together to provide solutions and service to the
country.
Allowed the federal government to intervene with the state decisions
Federal government essentially acted as the point man and instructed the state governments.
This idea allowed for a more efficacious method to solve cultured problems as well as increase
intergovernmental relations.

Cooperative Federalism in Action


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