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The Articles of Confederation were the new nations first attempt at government. It gave most of the power to the states, leaving the federal government largely incapable.
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The federal government meets to discuss the AoC. Instead, they draft an entirely new Constitution, giving federal government power over the states.
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Allows Congress to make any law that they feel is necessary for executing their purpose, as well as the purpose of any other branch. Gave Congress power to write laws that had no grounding in the Constitution
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Federal law is superior to state law. State law must abide by the Constitution first.
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Federal government is given the power to regulate commerce throughout the US and with foreign nations. This includes intrastate commerce.
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In order to have the Constitution ratified by Southern states, a Bill of Rights was needed so they would accept. The tenth amendment gives powers not listed in the Constitution to the states. States gain more power. (Bond V US)
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In response to the Alien and Sedition acts, Jefferson and Madison wrote that not only had the government broken the first amendment, but that the states had the right to nullify unconstitutional laws. States can ignore federal laws if deemed unconstitutional.
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Dred Scott attempted to sue to gain freedom, but being a slave, didn't have the right. States could infringe further upon the natural rights of men. Even runaways still had no rights.
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Federal reach increased in response to the war. 13th, 14th, and 15th amendments proposed after the war in order to place limits on the states in regard to treatment of any persons of color. (Reconstruction)
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States can no longer pass laws that infringe on the rights of any person of color. Supposed to keep states from discriminating against blacks after the Civil War. (Plessy V Ferguson)
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Court decided that as long as facilities were seperate but equal, they were satisfactory. States had power over these facilities, including bathrooms, buses, restaurants, etc.
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Companies cannot mislabel products. Standards are applied to food and drugs to prevent disease. Adds to the Commerce Clause.
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Federal government now has power to tax income. Fed can now use income tax to pay for programs. (Brushaber v. Union Pacific R.R. Co.)
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Upheld that Executive order 9066 was justified under the circumstances of World War 2. Korematsu's rights outweighed by need for national security.
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Segregation in schools is outlawed. Public schools must accept students, regardless of race, gender, or creed.
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Guarantees the rights of persons of color. States must not discriminate on the basis of race.
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Federal government decides that under the 14th amendment, a woman has the right to an abortion. Laws of 46 states were affected.
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Court reverses the decision of the Third Circuit court in the case. It was not acceptable to dismiss criminal charges, but Morrison's sixth amendment rights were violated by the DEA agents that recommended against private counsel.
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Court decides in favor of Planned Parenthood, noting that the Pennsylvania legislature provisions were an "undue burden" to women seeking an abortion.
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After the 9/11 attacks, laws such as the Patriot Act were put into action. Bush prompted military action in Iraq. Government now has surveillance on populace.
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The Department of Homeland Security is created in response to Islamic terrorism. Federal government now has a new cabinet to defend against any and all threats to the US. Duties include cyber security, border security, etc.
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Intended to provide health coverage for low income families. Federal government provides insurance. Most insurance companies now work through the fed.