Dual Federalism (II) 1860-1930

Jessica DeLoachSimran Dhillon

Stephanie NguyenFaith Fugar

WHAT IS DUAL FEDERALISM?

• Federalism: where the national and state governments derive their authority from the people

• Dual Federalism: the belief of having separate and equally powerful levels of government is the best arrangement (ties in with concurrent powers).

Conflicts within Dual Federalism

• Previously the states had a lot more power and rights than the national government. So more tension and conflict came when national government was trying to gain more power than the states government.

WHAT HELPED SHAPE DUAL

FEDERALISM???

• AMENDMENTS • COURT CASES• SOCIAL CHANGES

AMENDMENTS

• 13th : prohibits slavery/abolishes it• 14th: Blacks had the right of citizenship in

America• 15th : Gave blacks the right to vote– THESE AMENDMENTS WERE CALLED THE CIVIL

WAR AMENDMENTS.

• 16th: Authorized Congress to enact a national income tax

• 17th : made senators directly elected by people; removed their selection from state legislatures.

• 18th amendment- The manufacturing, sale, or transportation of intoxicating liquors is prohibited.

• All of these amendments were forced on the state governments and had to follow them by law.

COURT CASES

• Hammer vs. Dagenhart Court Case: (1918), was a United States Supreme Court decision involving the power of Congress to enact child labor laws. The Court held regulation of child labor in purely internal manufacturing, the products of which may never enter interstate commerce, to be beyond the power of Congress.

• Champion vs. Ames Court Case: (1903), was a decision by the United States Supreme

Court which held that trafficking lottery tickets constituted interstate commerce that could be regulated by the U.S. Congress under the Commerce Clause.

• Veazie Bank v. Fenno Court Case: (1866), Congress enacted a statute that increased a 1 percent tax on state bank notes to a rate of 10 percent. The Veazie Bank of Maine refused to pay the increased tax because it was an unconstitutional use of Congress's power to tax on a state agency. Concluding, excessive taxes were through the political process, not the courts.

• Plessy vs. Ferguson(1896) separate but equal was ruled constitutional in spite of the 14th amendment. The court ruled in favor of Louisiana under the doctrine of “Separate but equal”

• Dred Scott vs. Sanford (1857): The Court tried to manage the slavery issue by resolving questions of ownership, the status of fugitive slaves and the slavery in the new territories. The Taney Court, in declaring the Missouri Compromise unconstitutional, left ruled that Congress lacked authority to ban slavery in the territories. This decision ruled out nationally legislated solutions to the slavery question and left the problem in hands that did not have the power to impose their will on other states.

SOCIAL CHANGES

• Interstate Commerce Act 1887- regulate railroad monopolies, designed to help stop discrimination, make shipping rates fair, secret rebates outlawed and price discrimination illegal.

• Sherman Anti-Trust Act 1890- limit monopolies, allows to investigate trusts, companies etc.

• Keating Owen Act of 1916- unconstitutional- said that Congress does not have the power to regulate commerce of goods that are manufactured by children, and that the act was unconstitutional.

How amendments affected dual federalism?

• Overall these amendments changed dual federalism by giving the national government more power because this government focused on what was best for the USA as a whole instead of the focusing on what was best for specific parts of the USA (like the states’ governments did).

What caused dual federalism to shift?• The shift of dual federalism was caused by the Civil

War (which was caused mainly over State’s Rights). After the Civil War the National government had to increase its power over the states taking more control and creating order over the laws to prevent another war.

OVERALL: How dual federalism changed?

• In the beginning dual federalism was pretty efficient because the federal government was concerned more with foreign affairs, national defense and fostering commerce whereas the states dealt with local matters, criminal law and economic regulation. This belief turned rocky during the time period of the Civil War because most amendments that were made during this era gave more power to the national government. After the Civil War, the belief of dual federalism had less passion than before because the National Government had to take charge so chaos wouldn’t erupt again (because society was changing rapidly).

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sylvan.html• http://governmentbusiness.blogspot.com/• http://acriact.tripod.com/fedessay.html• http://studentreader.com/dual-federalism-cooperative-federalism/• http://www.sparknotes.com/us-government-and-politics/american-government/fe

deralism/section2.rhtml• American Government: Continuity and Change by Karen O’ Connor and Larry J.

Sabato