1.2 Historical Development of American Federalism
5 min read•july 22, 2024
American federalism has evolved significantly since colonial times. From the to the Constitution, the system has balanced power between national and state governments. Key events like the and have shaped this dynamic.
The Supreme Court has played a crucial role in defining federalism. Landmark cases like and have interpreted the Constitution's division of power, influencing the relationship between federal and state authorities.
Historical Development of American Federalism
Evolution of American federalism
Top images from around the web for Evolution of American federalism
Federalism: How should power be structurally divided? | United States Government View original
Is this image relevant?
Federalism: Basic Structure of Government | United States Government View original
Is this image relevant?
The Ratification of the Constitution – American Government (2e) View original
Is this image relevant?
Federalism: How should power be structurally divided? | United States Government View original
Is this image relevant?
Federalism: Basic Structure of Government | United States Government View original
Is this image relevant?
1 of 3
Top images from around the web for Evolution of American federalism
Federalism: How should power be structurally divided? | United States Government View original
Is this image relevant?
Federalism: Basic Structure of Government | United States Government View original
Is this image relevant?
The Ratification of the Constitution – American Government (2e) View original
Is this image relevant?
Federalism: How should power be structurally divided? | United States Government View original
Is this image relevant?
Federalism: Basic Structure of Government | United States Government View original
Is this image relevant?
1 of 3
- Colonial era
- Colonies operated with significant autonomy under British rule maintained local governance and laws
- Colonies collaborated through initiatives like the (1754) aimed to coordinate defense and Indian affairs
- Articles of Confederation (1777-1789)
- Weak central government with most power held by the states resulted in difficulties in taxation, regulation, and coordination
- Challenges in coordinating national policies and addressing common issues like trade disputes and foreign policy
- (1788)
- Established a federal system with shared power between national and state governments balancing unity and diversity
- Supremacy Clause: Federal law takes precedence over state law ensuring consistency and resolving conflicts
- (1789-1865)
- Clear separation of powers between federal and state governments each with distinct spheres of authority
- States retained significant autonomy in managing their internal affairs like education, law enforcement, and infrastructure
- (1930s-1970s)
- Increased collaboration between federal and state governments to address complex national issues
- Expansion of federal grants and programs to address national issues like poverty, healthcare, and transportation
- (1970s-1990s)
- Efforts to decentralize power and return authority to the states promoting local control and experimentation
- Devolution of federal programs and responsibilities to state and local governments like welfare reform and block grants
- (21st century)
- Ongoing debates over the balance of power between federal and state governments in areas like healthcare, immigration, and environmental regulation
- Challenges in addressing complex issues that transcend state boundaries requiring cooperation and coordination
Impact on federal-state power balance
- (1791)
- Reserved powers to the states that were not delegated to the federal government protecting state sovereignty and limiting federal overreach
- McCulloch v. Maryland (1819)
- Affirmed the supremacy of federal law and the implied powers of the federal government to carry out its constitutional duties
- (1824)
- Established federal authority over interstate commerce promoting economic integration and preventing state barriers to trade
- (1861-1877)
- Increased federal power and redefined the federal-state relationship by abolishing slavery, protecting civil rights, and enforcing federal policies
- New Deal (1933-1939)
- Expanded federal authority to address the Great Depression through economic regulation, public works, and social welfare programs
- Increased federal regulation of the economy and social welfare programs like Social Security and labor standards
- (1960s)
- Further expansion of federal programs and regulations aimed at reducing poverty, promoting equality, and improving quality of life
- Increased federal involvement in areas like education (Elementary and Secondary Education Act), healthcare (Medicare and Medicaid), and civil rights (Civil Rights Act of 1964)
- Unfunded Mandates Reform Act (1995)
- Required federal government to provide funding for mandates imposed on states to prevent financial burdens and protect state budgets
- Supreme Court decisions
- United States v. Lopez (1995) limited federal authority under the Commerce Clause to regulate gun possession near schools
- Printz v. United States (1997) prohibited federal commandeering of state officials to enforce federal gun control laws
Supreme Court's role in federalism
- (1803)
- Established the principle of judicial review allowing the Supreme Court to interpret the Constitution and federal laws
- Enabled the Court to serve as an arbiter of federal-state disputes and define the boundaries of federalism
- McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824)
- Affirmed federal supremacy and expanded federal authority over interstate commerce and national economic policy
- (1896)
- Upheld state-sanctioned racial segregation under the "separate but equal" doctrine allowing states to maintain discriminatory practices
- (1918)
- Limited federal authority to regulate child labor, upholding state power to control local economic and social policies
- (1937)
- Expanded federal power to regulate interstate commerce and labor relations under the Commerce Clause and National Labor Relations Act
- (1954)
- Overturned Plessy v. Ferguson and prohibited state-sanctioned racial segregation in public schools
- Demonstrated federal authority to enforce equal protection and intervene in state practices
- (1964)
- Upheld federal authority under the Civil Rights Act to prohibit discrimination in public accommodations
- United States v. Lopez (1995) and United States v. Morrison (2000)
- Limited federal authority under the Commerce Clause in areas traditionally regulated by states like gun possession and gender-based violence
Civil War's effect on federal-state relations
- (1861-1865)
- Southern states seceded, challenging federal authority and the indivisibility of the Union
- Union victory reaffirmed federal supremacy and the permanence of the federal system
- (1863) and (1865)
- Abolished slavery, overriding state laws and practices that permitted and regulated the institution
- Demonstrated the expanded authority of the federal government to protect individual rights and alter state policies
- (1868)
- Guaranteed equal protection and due process rights to all citizens, including newly freed slaves
- Provided a basis for federal intervention in state affairs to protect individual rights and prevent discriminatory practices
- (1870)
- Prohibited states from denying the right to vote based on race, ensuring political participation for African Americans
- Expanded federal authority to protect voting rights and oversee state electoral practices
- (1867-1868)
- Established military districts to oversee Southern states and ensure compliance with federal policies like granting voting rights to African Americans
- Demonstrated the power of the federal government to intervene in state affairs and enforce constitutional amendments
-
- Ended Reconstruction and led to the withdrawal of federal troops from the South in exchange for electoral support for Rutherford B. Hayes
- Allowed Southern states to reassert control and implement discriminatory policies like Jim Crow laws and voter suppression tactics
Key Terms to Review (28)
Albany Plan of Union: The Albany Plan of Union was a proposal made in 1754 during the Albany Congress, suggesting a unified government for the Thirteen Colonies in North America. It aimed to address common colonial issues, particularly defense against Native American attacks and the threat from France during the French and Indian War. Though it was ultimately rejected, this plan marked a significant early attempt at colonial cooperation and foreshadowed later movements toward unity.
Articles of Confederation: The Articles of Confederation were the first governing document of the United States, adopted in 1781, that established a confederation of sovereign states and a weak central government. This framework aimed to unify the states during and after the Revolutionary War but ultimately proved insufficient due to its inability to enforce laws, levy taxes, or regulate commerce, leading to significant challenges in governance and interstate relations.
Brown v. Board of Education: Brown v. Board of Education was a landmark 1954 Supreme Court case that declared state laws establishing separate public schools for black and white students unconstitutional. This decision was pivotal in the civil rights movement, as it overturned the 'separate but equal' doctrine established by Plessy v. Ferguson, fundamentally reshaping education policies and state responses to racial segregation.
Civil War: A civil war is a conflict between factions or regions within the same country, often resulting in significant social and political upheaval. In the context of American history, the Civil War (1861-1865) primarily involved the Northern states (Union) and Southern states (Confederacy) over issues such as slavery, states' rights, and economic differences. This brutal conflict led to profound changes in the federal system of governance and set the stage for future debates over federal and state authority.
Civil War and Reconstruction: The Civil War and Reconstruction refer to the period in American history from 1861 to 1877, which includes the conflict between the Northern states (Union) and Southern states (Confederacy) over issues like slavery and states' rights, followed by the efforts to rebuild and integrate the Southern states back into the Union. This era significantly impacted federalism, as it reshaped the relationship between state and federal governments, establishing a precedent for federal intervention in state affairs, particularly regarding civil rights and social equality.
Compromise of 1877: The Compromise of 1877 was an informal agreement that settled the disputed 1876 presidential election between Rutherford B. Hayes and Samuel J. Tilden. This compromise effectively ended the Reconstruction era by allowing Hayes to assume the presidency in exchange for the withdrawal of federal troops from the South, which subsequently led to the restoration of white Democratic control in southern states. This shift had significant implications for American federalism and race relations.
Contemporary federalism: Contemporary federalism refers to the current system of government in the United States that combines national and state powers, allowing both levels of government to coexist and collaborate on various issues. This modern federalism has evolved to reflect changes in political, social, and economic conditions, leading to a more complex relationship between state and federal governments, characterized by shared responsibilities and intergovernmental cooperation.
Cooperative Federalism: Cooperative federalism is a concept in which federal, state, and local governments work together collaboratively to address complex issues and implement policies. This approach emphasizes interdependence and collaboration among different levels of government, often blurring the lines of authority and responsibility.
Dual Federalism: Dual federalism is a model of federalism where the federal and state governments operate independently in their own spheres of authority, with clearly defined responsibilities and powers. This approach emphasizes a limited role for the federal government, allowing states to exercise significant power over local matters while maintaining their distinct identities and functions.
Emancipation Proclamation: The Emancipation Proclamation was an executive order issued by President Abraham Lincoln on January 1, 1863, that declared the freedom of all enslaved people in Confederate-held territory during the American Civil War. This significant act aimed to weaken the Confederacy's war effort, redefine the purpose of the Civil War, and pave the way for the eventual abolition of slavery throughout the United States.
Fifteenth Amendment: The Fifteenth Amendment to the United States Constitution, ratified in 1870, prohibits the federal and state governments from denying a citizen the right to vote based on 'race, color, or previous condition of servitude.' This amendment was a key element in the struggle for civil rights during Reconstruction, aiming to secure voting rights for African American men and challenging existing racial discrimination.
Fourteenth Amendment: The Fourteenth Amendment to the United States Constitution, ratified in 1868, addresses citizenship rights and equal protection under the law. It was a crucial part of the Reconstruction Amendments aimed at securing rights for former slaves and reshaping the relationship between state and federal governments, ultimately influencing the development of American federalism.
Gibbons v. Ogden: Gibbons v. Ogden was a landmark Supreme Court case decided in 1824 that established the federal government's authority over interstate commerce, ruling that states could not interfere with or regulate interstate trade. This case reinforced the idea of national supremacy in commerce and helped to clarify the balance of power between state and federal governments.
Great Society: The Great Society was a series of domestic programs launched by President Lyndon B. Johnson in the 1960s aimed at eliminating poverty and racial injustice. It represented a significant expansion of the federal government's role in social welfare and civil rights, reshaping the relationship between state and federal authority in American federalism.
Hammer v. Dagenhart: Hammer v. Dagenhart was a Supreme Court case decided in 1918 that ruled the Keating-Owen Child Labor Act unconstitutional, asserting that Congress could not regulate child labor under the Commerce Clause. This case highlights the tension between federal and state powers, showcasing how decisions by the Court influenced the evolution of federalism in America and the relationship between national authority and states' rights.
Heart of Atlanta Motel v. United States: Heart of Atlanta Motel v. United States is a landmark Supreme Court case from 1964 that upheld the constitutionality of the Civil Rights Act of 1964, specifically its prohibition against racial discrimination in public accommodations. The Court ruled that Congress had the authority to regulate local businesses engaged in interstate commerce under the Commerce Clause, emphasizing the impact of racial discrimination on interstate travel and commerce.
Marbury v. Madison: Marbury v. Madison was a landmark Supreme Court case decided in 1803 that established the principle of judicial review, allowing the Supreme Court to declare laws unconstitutional. This case is significant because it laid the foundation for the judiciary's role in interpreting the Constitution and set a precedent for the balance of power between the federal and state governments, ensuring that no law could supersede constitutional mandates.
McCulloch v. Maryland: McCulloch v. Maryland was a landmark Supreme Court case decided in 1819 that established the supremacy of federal laws over state laws and affirmed the constitutional legitimacy of the Second Bank of the United States. This decision reinforced the concept of implied powers, showcasing the federal government’s ability to operate beyond those explicitly stated in the Constitution.
New Deal: The New Deal refers to a series of programs and policies implemented by President Franklin D. Roosevelt in response to the Great Depression during the 1930s. It aimed to provide relief for the unemployed, recovery of the economy, and reform of the financial system, fundamentally reshaping the relationship between the federal government and the states and laying the groundwork for modern American federalism.
New Federalism: New Federalism is a political philosophy that seeks to shift power and responsibilities from the federal government back to the states, emphasizing decentralized governance and local control. This approach aims to enhance state autonomy while promoting innovation in policy-making, particularly in areas such as welfare and social programs, highlighting a shift in the relationship between state and federal governments throughout American history.
NLRB v. Jones & Laughlin Steel Corp.: NLRB v. Jones & Laughlin Steel Corp. was a landmark Supreme Court case decided in 1937 that upheld the National Labor Relations Act, affirming the federal government’s authority to regulate labor relations and protect workers' rights to organize. This decision marked a significant shift in the balance of power between federal and state governments, emphasizing the importance of federal intervention in labor disputes and economic matters.
Plessy v. Ferguson: Plessy v. Ferguson was a landmark Supreme Court case decided in 1896 that upheld the constitutionality of racial segregation under the 'separate but equal' doctrine. This ruling established a legal framework that allowed states to enforce segregation, particularly in public facilities, which significantly influenced the historical development of federalism in America by defining the balance of power between state and federal governments regarding civil rights.
Ratification of the Constitution: The ratification of the Constitution refers to the formal approval process required for the United States Constitution to become effective, which involved state conventions debating and voting on the document. This pivotal moment in American history established the framework for the federal government and signified a transition from the Articles of Confederation, leading to a stronger national authority. The ratification process highlighted significant political debates and discussions regarding federalism, states' rights, and the balance of power.
Reconstruction Acts: The Reconstruction Acts were a series of laws passed by Congress in 1867 aimed at rebuilding the South and integrating formerly enslaved people into society after the Civil War. These acts established military districts in Southern states, required states to draft new constitutions guaranteeing voting rights for African American men, and laid the groundwork for federal enforcement of civil rights. They marked a significant shift in the balance of power between state and federal authorities during the post-war era.
Secession and the Civil War: Secession refers to the action of withdrawing formally from a federation or body, particularly in the context of the United States during the Civil War, when eleven Southern states left the Union. This act was fueled by tensions over slavery, states' rights, and economic differences, ultimately leading to a brutal conflict that shaped the nation's federal structure. The Civil War became a pivotal moment in American history, highlighting the struggle between state sovereignty and federal authority.
Tenth Amendment: The Tenth Amendment is a part of the Bill of Rights that reserves powers not delegated to the federal government by the Constitution, nor prohibited to the states, for the states and the people. This amendment emphasizes the principle of federalism by affirming the rights of states and individuals in a system where power is divided between national and state authorities.
Thirteenth Amendment: The Thirteenth Amendment to the United States Constitution, ratified in 1865, abolished slavery and involuntary servitude in the United States, except as punishment for a crime. This amendment was a landmark legal change that aimed to ensure freedom and equality for all citizens and set the stage for subsequent civil rights advancements. Its passage marked a significant shift in American federalism by redefining the relationship between the federal government and the states regarding civil rights and individual liberties.
United States v. Lopez: United States v. Lopez was a landmark Supreme Court case decided in 1995 that limited the federal government's power under the Commerce Clause of the Constitution. The case revolved around a high school student, Alfonso Lopez, who was charged with carrying a firearm on school property, which the federal government argued was illegal under the Gun-Free School Zones Act of 1990. This ruling marked a significant shift in federalism by reaffirming the role of states in regulating local issues, pushing back against federal overreach.