After the revolutionary war, our country attempted and experimented with the Articles of Confederation. While this premise may have seemed ideal at its conception, a lack of the central government’s strength was acknowledged. We knew there had to be a better way. Our forefathers in turn came to an agreement and reestablished our nation on the principles of a federation. While the premise of Federalism in and of itself seems like a black and white concept, it truly is not. Federalism can be divulged and practiced in a matter of ways to which our nation’s history will show and has shown. Examples of Federalism could be depicted in terms such as: dual federalism, cooperative federalism also known as marble-cake federalism, competitive federalism,
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Marble Cake Federalism is an attempt at a more federal controlled duality in relation to the control between the states and federal government. The illustration of a marble cake depicts a clear of the picture of this particular type of federalism. The federal government and states are comingled together to form policies that attempt to benefit both. This type of Federalism can create confusion between what power is truly given at the state and federal level. Cooperative Federalism was used by Franklin Delano Roosevelt. F.D.R’s “New Deal” programs, which created comingled Federal programs would either assist or replace the state programs. F.D.R attempted to try and use the Federal government to aid what the states themselves would have normally handled prior, “The National Labor Relations Board versus Jones and Laughlin Steel was the turning point where the Supreme Court began to allow the expansion of federal power under the New Deal programs.”(2) The National Labor Relations Board argued that Jones and Laughlin Steel were interfering with the free right of the workers to unionize. Jones and Laughlin Steel then fired the men that were attempting to arrange the union. The National Labor Relations Board argued the federal government had the right to come in and dictate the firing of the employees as unlawful because of the interstate commerce that was being done by Jones / Laughlin Steel’s business. Laughlin argued the opposite stating that they were not actually doing interstate commerce but merely transferring product throughout the states. The Supreme Court ultimately ruled in favor of The National Labor Relations Board and increased the power of the Federal Government to comingle itself within state and interstate functions. The practice of cooperative federalism may have in a way helped
Marble Cake Federalism is an attempt at a more federal controlled duality in relation to the control between the states and federal government. The illustration of a marble cake depicts a clear of the picture of this particular type of federalism. The federal government and states are comingled together to form policies that attempt to benefit both. This type of Federalism can create confusion between what power is truly given at the state and federal level. Cooperative Federalism was used by Franklin Delano Roosevelt. F.D.R’s “New Deal” programs, which created comingled Federal programs would either assist or replace the state programs. F.D.R attempted to try and use the Federal government to aid what the states themselves would have normally handled prior, “The National Labor Relations Board versus Jones and Laughlin Steel was the turning point where the Supreme Court began to allow the expansion of federal power under the New Deal programs.”(2) The National Labor Relations Board argued that Jones and Laughlin Steel were interfering with the free right of the workers to unionize. Jones and Laughlin Steel then fired the men that were attempting to arrange the union. The National Labor Relations Board argued the federal government had the right to come in and dictate the firing of the employees as unlawful because of the interstate commerce that was being done by Jones / Laughlin Steel’s business. Laughlin argued the opposite stating that they were not actually doing interstate commerce but merely transferring product throughout the states. The Supreme Court ultimately ruled in favor of The National Labor Relations Board and increased the power of the Federal Government to comingle itself within state and interstate functions. The practice of cooperative federalism may have in a way helped