History Of Dual Federalism

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1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?

The United States was the first nation to apply a federalist system of government. This system, in which two layers of government, state and national government, work together, was created so the states could maintain their autonomy while being part of the larger unity. Throughout its history, the United States has changed their perception of how federalism should be implemented; essentially meaning: how much power should the federal government hold. Therefore, various waves of federalism have appeared in the country.

• Dual
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Suspects that are judged of a crime, cannot be put on trial again because of the same offense. This law protects convicted criminals and suspects of having to endure trial more than once for a single crime. One famous case of double jeopardy was seen in Connecticut in the case Palko v Connecticut, when a man convicted for murder was judged again to receive a higher sentence. He did receive the maximum sentence the second time, capital punishment, so he appealed to the Supreme Court alleging double jeopardy. However, because the Court did not acknowledge protection against double jeopardy to be a provision recognized in the Fourteenth Amendment, it did not have to be abided by the states; therefore, he was condemn and killed. It took 30 years before the Supreme Court nationalized protection against Double Jeopardy, and it was already too late.

• Right to counsel in trial. Besides the rights of a speedy trial, of been informed of the charges and to confront the witnesses before a trial, the Eight Amendment provides the right to counsel in any trial. In the famous case of Gideon v. Wainwright, a man convicted on a breaking and entering charge spend his five years in jail being a “jailhouse lawyer”. He even wrote his own appeal, and won the right to counsel in all felony
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Later, the Constitution helped it regain its strength by establishing the principles necessaries to control the relationship between the national government and the states: federalism, the separation of powers, the checks and balances system to maintain control over their rulers, the Electoral College and the Bill of Rights. Therefore, while checks and balances, and the separation of powers control the federal government, the Electoral College and the Bill of rights limit the states’ governments as well. In short, all states are submitted to the decisions of the Supreme Court and to the National Constitution; however, the Federal Government cannot interfere with state laws as long as they comply with what is establish in the Bill of Rights. The most recent case of Federal intervention on a previous state matter was seen this year with the ruling of same-sex marriage legal on all states. The Supreme Court argued that prohibiting same-sex marriage was a violation of the Bill of Rights, therefore, it was unconstitutional. That decision required the states to comply with the ruling and changed their constitutions to allow same-sex marriages, even if they did not approved the ruling

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