Evolution Of Federalism Essay

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The Evolution of Federalism

A fundamental key to a stable and united nation is the establishment of a balanced and effective government. It is essential in order to safeguard individual rights and to ensure public safety and welfare. In 1787, the creation of the United States Constitution served as a foundation for a federal system, which both national and state governments obtain all authority from the people. Although it specifies powers delegated to both levels of government, the interpretation of the U.S Constitution and Federalism varied around the nation. Since its inception, the United States has experienced different forms of Federalism that seemed most appropriate to the situation of the country in order to effectively carry out
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Known as “marble cake federalism,” Cooperative Federalism emphasized intertwined powers between both national and state governments to effectively solve issues and relations. The Interstate Commerce Clause, an enumerated power specified in Article I of the US Constitution which delegated the power to “regulate commerce among foreign nations, several states and with the Indian tribes” to the national government changed the balance of power that was established during the Dual Federalism era. This is reflected in the 1886 Wabash Case in which the court overturned Munn v. Illinois and struck down state control over interstate commerce. The idea of Cooperative Federalism became more prominent during Franklin Roosevelt’s New Deal Program, in which both governments tackled the problems of the Great Depression in a unified manner. Following Marshall’s ruling in McCulloch v. Maryland, the national government exercised National Supremacy during this era through Categorical Grants. Programs such as the Agricultural Adjustment Act and the Public Works Administration encouraged state governments to implement these aided programs in order to assist them in improving the conditions of society. States that accept aid and enforce these programs were subject to follow federal regulations and not …show more content…
Proposed by Ronald Reagan in the 1980s, he believed that the national government strategically grants aid in order to impose their own interests on the States. The attempt to limit federal powers are demonstrated in new arrangements such as Block Grants which lessened federal aid made popular during the New Deal but increased leniency in spending grants. As a result of the previous era, New Federalism specifies boundaries for both Commerce and Elastic Clauses. In U.S v. Lopez (1995), asserts that gun possession in a school zone is “not an economic activity… that might have a substantial effect on interstate commerce.” Rehnquist’s decision illustrates a constitutional revolution in federalism as it limits federal powers. Likewise, the Supreme Court case U.S v. Morrison (2000) limited federal influence by discrediting a section in the Violence Against Women Act that granted victims the right to sue their assaulters in federal court. Because of this, the power of the States increased by allowing them to invalidate federal provisions. During the era of New Federalism, the powers of the States gradually increased, while the national government continued to lack jurisdiction over

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