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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
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