DUAL FEDERALISM I( 1787 – 1860 )

ARTICLES OF CONFEDERATION( 1776 – 1789 )

We soon discovered that a Government with

•

no real power will not work

DUAL FEDERALISM I

• A sharing of power, with the idea that the national and state

governments are more or less equal partners with separate authority.

• Limited the national governments authority to powers strictly

declared in the Constitution. Article 1 Section 8

• When federal and state law conflict, federal laws are superior under

Article VI ( Supremacy Clause ) of the constitution.

“Federalism is a system of government in which sovereignty is shared

[between two or more levels of government] so that on some matters the

national government is supreme and on others the states, regions, or

provincial governments are supreme.”

– James Wilson and John DiIulio.

THE CONSTITUTION

• With the failure of the Articles the Framers wanted to create a

Government that was more powerful but yet still limited in

what it could do.

• The States wanted to retain as much power as they could

realizing that the national government must be Supreme

• The Solution was the Constitution that delegated powers to

the national government but reserved powers for the states

• We call this Solution Federalism!

THE BEGINNING OF POLITICAL PARTIES (1789 – 1801)

• The new Constitution was ratified in 1789, and Federalists

took advantage of the new powers given to the central

government.

• In 1791, Congress created the Bank of the United States.

• The Federalist controlled Congress also passed the Alien

and Sedition Acts, which attempted to silence Democratic-

Republican critics of the U.S.A.’s anticipated war with

France from 1798 - 1800.

• They also passed the Judiciary Act of 1789 establishing the

inferior courts as dictated in the Constitution

AMENDMENTS

• The Bill of Rights (1791) – Demanded by the Anti Federalists Congress

Proposes and the States Ratify these almost immediately as a protection of

liberty from government.

• 10th Amendment (1791) – The federal government possesses only powers

delegated to it by the Constitution. All remaining powers are reserved for

the States.

• 11th Amendment (1795) – No person can sue a state in federal court

without the consent of the state concerned.

• 12th Amendment (1803) – Changes the Rule of the Electoral College in

order to prevent a Tie as seen in the 1800 Election or the Executive split

amongst two parties as se n the 1796 Election.

EXECUTIVE ACTION

• Whiskey Rebellion (1791) – Congress’ first attempt at

taxing of a domestic product resulted in an insurrection

that had to be put down by the government. George

Washington as Commander in Chief rode at the head of the

Army to put down the Rebellion

• Louisiana Purchase (1803) – Thomas Jefferson

purchased 828,000 square miles of land from

France for $15 million.

COURT CASES

• 1803 – Marbury v. Madison – First case where a law made by Congress

is found unconstitutional as John Marshall claims the idea of Judicial

Review for the Courts. (Article Nowhere)

• 1819 - McCulloch v. Maryland – Congress’ authority to

charter a national bank was upheld by the Supreme Court

under the doctrine of implied powers and the necessary and proper

clause(Article I) (John Marshall).

• 1824 - Gibbons v. Ogden – Declared that the power to regulate

interstate commerce was held within Congress and prohibited any

state from interfering with the free use of rivers and harbors ( John

Marshall ).

COURT CASES

• 1833 – Barron v. Baltimore – Declared that the Bill of Rights

only applied to the actions of the Federal Government not the

States!

• 1857 – Scott v. Sandford (Dred Scott case) – Held that former

slaves or descendants of those slaves could not be American

citizens and therefore could not sue in court. Overturned the

Missouri Compromise causing more stress between the North

and South and leads to the Civil War ( Roger Taney )

IDEAS

• 1798 – Doctrine of Nullification – A Democratic-Republican

response to the Alien and Sedition Acts in which it was

expressed that states could nullify laws deemed

unconstitutional.

• 1815 – States’ Rights Doctrine – Asserted under the Hartford

Convention that states should protect citizens against federal acts

not authorized in the Constitution.

• 1832 – Nullification Ordinance – Headed by South Carolina this

ordinance sought to prevent the implementation of the Federal

Tariff Acts of 1828 and 1832.

LEGISLATION

• 1820 – Missouri Compromise was an effort by Congress to defuse

the sectional and political rivalries triggered by the request

ofMissouri late in 1819 for admission as a state in which slavery

would be permitted. At the time, the United States contained

twenty-two states, evenly divided between slave and free.

• 1850 – Compromise of 1850 was one of the major events leading to

the American Civil War. It was a set of five bills, the bills were

approved by Congress. As its name suggests, it was a compromise

between northern free states and southern slave states over the

spread of slavery. Its objective was to keep the country together

and avoid confrontation.

WORKS CITEDWebpages:

• https://usa.usembassy.de/etexts/gov/federal.htm#prefed

• http://www.ucs.louisiana.edu/~ras2777/amgov/federalism.html

• https://en.wikipedia.org/wiki/Dred_Scott_v._Sandford

• https://en.wikipedia.org/wiki/Roger_B._Taney

• https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution

• https://en.wikipedia.org/wiki/Eleventh_Amendment_to_the_United_States_Constitution

Photos:

• https://studentreader.com/files/dual-federalism-w100p.jpg

• https://svn.apache.org/repos/asf/incubator/ooo/symphony/trunk/main/extras/source/gallery/finance/Balance-Balanced2.png

• https://image.slidesharecdn.com/day2-101109201558-phpapp01/95/articles-of-confederation-day-2-1-638.jpg?cb=1422180575

• http://i2.cdn.cnn.com/cnnnext/dam/assets/130306205822-the-bill-of-rights-horizontal-large-gallery.jpg

• http://dmshistory8.weebly.com/uploads/8/5/5/4/8554984/9909672_orig.jpg?0

• http://www.wikiwand.com/en/Second_Bank_of_the_United_States

• https://cdn-images-1.medium.com/max/1600/1*SzhzI8Z0sUGGPjagUuajpA.jpeg

• https://upload.wikimedia.org/wikipedia/commons/thumb/7/7e/Daniel_Webster.jpg/1200px-Daniel_Webster.jpg

• https://upload.wikimedia.org/wikipedia/commons/9/90/Robert_Y_Hayne.jpg

• http://image.fatare.com/nullification-crisis-cartoon/

• https://www.pbs.org/wgbh/aia/part4/images/4dred10m.jpg