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Articles of Confederation
[+STATE] The Articles of Confederation were very weak compared to the Constitution. Under it, the central government did not have power to tax, have an army, or much of anything else, giving most of the power to the states. -
Constitutional Convention
[+FEDERAL] The Constitutional Convention was held to fix the Articles of Confederation, which was very weak and led to states holding much of the government's power. During the convention they aimed for a much stronger central government, which eventually led to the creation of the Constitution. -
Commerce Clause (Article I, Section 8, Clause 3)
[+FEDERAL] This clause gives Congress the power of regulating interstate commerce. This is used to expand the power of the federal government because once trade becomes interstate, the federal government can step in and make laws about it that states must follow. -
10th Amendment
[+STATE] This amendment gave states power over anything not written in the Constitution. This Amendment is often used in conflict with Congress' Implied Powers. -
McCulloch v. Maryland
[+FEDERAL] In 1818, the state of Maryland passed legislation to impose taxes on the Bank of the United States, but the cashier of the Baltimore branch of the bank, James W. McCulloch, refused to pay. That state said this was unconstitutional because the Constitution did not specifically say that the federal government could charter a bank. In a unanimous decision, the Court held that Maryland could not tax tax instruments of the federal government. -
Gibbons v. Ogden
[+FEDERAL] The Court concluded that the regulation of navigation of steamboat operators (and others) for the purpose of interstate commerce was a power reserved to Congress under the Commerce Clause. Interstate navigation is interstate commerce, so New York's law was invalid. This case made it so that the national government had exclusive power over interstate commerce, supreme over state. -
Civil War
[+FEDERAL] The Civil War increased federal power because the rebellious states trying to break away from The Union did not win, proving it's supremacy. Also, the federal government had total control over the states during the Reconstruction period that followed the war. -
14th Amendment
[+FEDERAL] The fourteenth amendment granted citizenship to all people born in the United States, including former slaves. Section 1 gives Congress the power to enact laws that directly affect state policies, and gives the federal courts the power to review state laws for constitutionality. -
Pure Food and Drug Act
[+FEDERAL] This act called for the prevention of sale of dangerous foods, drugs, medicine, and liquors, traveling through interstate commerce. The act gave more power the the federal government, as it is the FDA who is in charge of inspecting most of these items, and they are a federal agency. -
16th Amendment
[+FEDERAL] The 16th amendment allows the federal government to collect income tax from all Americans. This expands federal power because it creates a new way for the federal government to tax people instead of the states taxing people (state income tax predated the federal income tax). -
Gitlow v. New York
[+FEDERAL (+STATE?)] Gitlow was convicted by New York for advocating for the violent overthrow of the U.S. Government, which conflicted with the 1st amendment's right to free speech. While the courts upheld Gitlow's conviction, they also used selective incorporation to rule that state governments could not limit the right to freedom of speech. -
The New Deal
[+FEDERAL] While The New Deal introduces cooperative federalism, the concept where national, state, and local governments cooperate to solve common problems, the national government still receives most of the power. The national government is in charge of establishing and implementing these programs, and is able to get states to comply by threatening them with posing power over any regulated areas completely. -
Civil Rights Act of 1964
[+FEDERAL] The Civil Rights Act of 1964 ended Jim Crow segregation in numerous places, as well as discrimination in workplace and school environments. This act expanded federal power because it upheld the 14th amendment over states' laws. -
Heart of Atlanta Motel v. U.S.
[+FEDERAL] In this case, the owner of the Heart of Atlanta Motel argued that prohibition of segregation and discrimination involved interstate commerce detailed in the Civil Rights Act of 1964 exceeded the government's authority granted to it by the commerce clause. The supreme court held that the U.S. was well within it's bounds, and that the act was constitutional, lending more power to the federal government. -
Election of Ronald Reagan
[+STATE] Ronald Reagan believed in New Federalism, a concept of federalism that involved taking power from the central government and giving back to the states. Usually this involved the federal government giving block grants to states to help resolve issues. -
Americans With Disabilities Act
[+FEDERAL] This act requires that buildings be made readily accessible for the handicapped among other things. States were not exempt from complying with the provisions of the act, which increased federal power. -
Planned Parenthood v. Casey
[+STATE] In Planned Parenthood v. Casey, several clinics challenged Pennsylvania's new abortion provisions, saying that it was not right to make a woman notify a husband (or a parent, in the case of a minor) in order to be able to get an abortion. The court upheld most of the state's provisions, giving more power to state governments. -
United States v. Lopez
[+STATE] Lopez was charged for violating a federal criminal statue, the Gun-Free School Zones act of 1990, for carrying a firearm into school. This act later found to be unconstitutional, because it exceeds the power of Congress to legislate under the commerce clause, as possession of a gun on school property does not have an effect on interstate commerce. This discovery, in turn, gave more power to the states. -
104th Congress
[+STATE] In the 90's, the 104th congress had their sights set on devolution, or giving power from the federal government back to the states. Notably the deficit reduction and transforming of the state of American welfare helped to drive this devolution. Clinton himself even proposed an "end to welfare as we know it." -
Printz v. United States
[+STATE] County sheriff Jay Printz challenged that the temporary gun background checks under the Brady Bill were unconstitutional. This upheld by the supreme court, who decided that the Necessary and Proper Clause did not empower the federal government to conduct background checks, even temporarily. -
Sept. 11th, 2001
[+FEDERAL] In the aftermath of 9/11, there was a much stronger focus on homeland security, especially with the federal government's creation of DHS, the Department of Homeland Security. This lends much more power to the federal government, who is in charge of managing the department. -
No Child Left Behind
[+FEDERAL] No Child Left Behind was passed with the aim of improving students' academic progress, especially in the case of poor children. The central government gives money in assistance to poor children and requires that all states are required to test students in both reading and math in grades 3-8. This gives more power to the federal government as they have much more involvement and control over education in the states.