Dual Federalism Era

1789 - 1930

Two governments are fighting for power (state vs national). It ends with the great depression because they are forced to work together to fix it.

Marshall Court

1801 - 1835

Gave more power to the national gov't because they were newer while the state governments had been around for a long time. Marshall wanted to establish and define what the federal government could do within constitutional limits (he had a broad interpretation of the Constitution).

McCulloch v. Maryland


States do not have the power to tax the national government because the nation reigns supreme through the supremacy clause. The power to tax is the power to destroy so the federal government needs to hold that power. The bank is considered constitutional because of the necessary and proper clause.

Gibbons v. Ogden


NY gave Gibbons the sole right to use the Hudson River. The national government wanted to use it so they shut down the monopoly on the basis of the commerce clause. National gov't has the right to regulate commerce.

Barron v Baltimore


The Bill of RIghts was protection from national government but not states could limit personal liberties. The case was that the state government was polluting a guy's river so he asked for just compensation based on the fifth amendment but Marshall couldn't do anything because the Bill of RIghts is limited to the federal government.

Roger B. Taney Court

1836 - 1864

Put more power in state's hands

Dred Scott v. Sanford


1. Slaves can't sue bc they're property
2. Congress can't determine free from slave based on state lines bc crossing state lines changes nothing

Thirteenth Amendment


Put power into the national government by allowing them to abolish slavery

Fourteenth Amendment


All people born in US are automatic citizens of the US and deserve equal protection under the law

FIfteenth Amendment


National gov't ruled all people could vote regardless of race, gender, etc.

Interstate Commerce Act of 1887


National gov't can regulate railroad practices to make sure they're fair

Sherman Anti-Trust Act


US gov't has the power to break up powerful trusts

Plessy v. Ferguson


States have right to give segregated facilities as long as they are equal

Seventeenth Amendment


Strengthened link between citizens and federal gov't by making senator elections direct elections. Senators were no longer chosen by state legislatures.

Cooperative Federalism Era

1930 - 1970

National, state, and local governments interact cooperatively and collectively to solve common problems. Starts with New Deal.

New Deal


Federal government supported state programs to fix the depression FDR absorbed a ton of power and scared the nation but it worked.

LBJ's Great Society


New major spending projects to promote social welfare in areas such as education and healthcare

Ronald Reagan Calls for a New Federalism


This was the transfer of certain powers from the United States federal government back to the states. He used block grants to give power back to states by giving them funding without saying what they had to use it for.

Rehnquist Court

1986 - 2005

Put more power in states hands

Patriot Act


Gave Congress Act to invade privacy in the war against terrorism.

No Child Left Behind


Took the power of public education into the nation's hands through unfunded mandates (told states what to do without paying for it).

Roberts Court

2005 - 2016

Swing judge that ruled on immigration, gay rights, and healthcare.