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Federalism & States' Rights in U.S. History

  • The Articles are no longer sufficient

    It was realized that the Articles of Confederation were not going to hold this new forming nation together an longer. A new plan for our government was created and the U.S. Constitution was born.
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    Nationalism Increase

    Throughout the late 1700s and through the early 1800s, Nationalism was increased. People felt a strong amount of pride and unity throughout the country.
  • The U.S. Constitution takes effect.

  • Constitution ratified

    Our new federal government finally begins operations in 1789 after the Constitution is ratified in 9 of the 13 states.
  • Bill of Rights added to the Constitution

    The Bill of Rights is added to the Consitution in 1791. The Tenth Amendment, one that is very important still today, addressed the question of powers reserved to the states. (Any powers not granted to the federal government by the Constitution nor prohibited are reserved to the States or the people.)
  • Fletcher VS. Peck Supreme Court Decision

    First time national government deemed a state law unconstitutional; over sale of land in former Georgia/current Mississippi in exchange for bribe money.
  • McCulloch VS. Maryland

    This was the first major decision by the Supreme Court under Justice John Marshall about the relationship between states and the federal government. Maryland attempted to control the Second Bank of the United States by putting a tax on all notes of banks not chartered in Maryland. The Supreme Court decided to rule in favor of the federal government. They denied the right of a state to tax the bank. The court interpreted the necessary and proper clause.
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    Nullification increases in popularity

    In the 1820s nullification becomes increasingly popular. Proponents of nullification picture the Union as merely an agreement between the states and not a government of the people. It is declared that the states have the ultimate power in deciding whether the federal government has exceeded its powers.
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    Increased Sectionalism

    From 1830-1860 there is increased sectionalism. Interests of particular regions are placed ahead of national interests. The North and the South began drifting part over political and economic arguments over slavery, tariffs, and other issues.
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    The Civil War

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    Cooperative Federalism

    Before the 1930s, many scholars used the layered cake analogy to describe federalism. That each layer of the cake had distinct, defined powers and responsibilities. After the New Deal proposed by FDR, a marbled cake was used to describe federalism. Lines of authority were spread out and mixed more. Known as cooperative federalism, the marbled cake analogy describes a much more powerful national government. States and the federal government had cooperative roles. Cities did as well.
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    Creative Federalism

    Creative Federalism came soon after with the idea of federal grants. The federal government would allocate money to the states for a certain purpose. To receive the funds, the states would have to behave in ways the federal government desired.
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    Reagan's "New Federalism"

    Ronald Reagan once elected to office got to work on his vision of “New Federalism.” He drastically cut federal domestic programs and income taxes. It was the first time in 30 years that federal aid to state and local governments had declined.
  • Supreme Court allows State restrictions on abortions

    The Supreme Court allowed states to introduct limitations on the right to an abortion.
  • Gonzales VS. Raich

    California passed Compassionate Use Act of 1996, legalizing medical marijuana. California's law conflicted with the federal Controlled Substances Act, can Congress invalidate Compassionate Use Act? Answer was no, couldn't be done under commerce clause.