Dual Federalism Era

1776 - 1997

Layer Cake. The belief that having separate and equally powerful levels of gov't is the best arrangements.

Roger B. Taney Court begins

March 17, 1777 - October 12, 1864

Chief of justice for the Dred Scott decision

The Marshall Court Era begins

1801 - 1835

John Marshall served as the fourth Chief Justice of the United States. Court opinions helped lay the basis for American constitutional law.

McCulloch v. Maryland


The state of Maryland wanted to tax the federal government for building a bank on their property. They did this by using the supremacy clause, which stated national law is supreme to all other laws passed by the state or by any other subdivision. The Court had a broad interpretation of the necessary and proper clause.

Gibbons v. Ogden


New York and New Jersey both wanted control of the ships that sailed on the Hudson River. This challenged the interstate commerce clause, saying that The United States Commerce has the power "to regulate Commerce with foreign nations, and among the several states".

Barron v. Baltimore


Barron tried suing city and state for contaminating his harbor. He wanted compensation. Established a precedent that The Bill Of Rights could not be applied to the state government. Bill Of Rights at the time only applied to the federal government. After this case the powers to the federal gov't became limited.

Dred Scott v. Sanford


The U.S. Congress lacked the constitutional authority to bar slavery in the territories. This decision narrowed the scope of the national power, while it enhanced that of the states.

Thirteenth Amendment


The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.

Fourteenth Amendment

July 9, 1868

Granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.

Fifteenth Amendment


The United States Constitution prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude."

Interstate Commerce Act


United States federal law that was designed to regulate the railroad industry and shipping, particularly its monopolistic practices. The Act required that railroad rates be "reasonable and just," but did not empower the government to fix specific rates.

Sherman Anti-Trust Act


prohibits certain business activities that federal government regulators deem to be anti-competitive, and requires the federal government to investigate and pursue trusts.

Plessy V. Ferguson


U.S. Supreme Court case from 1896 that upheld the rights of states to pass laws allowing or even requiring racial segregation in public and private institutions such as schools, public transportation, restrooms, and restaurants.

Sixteenth Amendment


Amendment to the U.S. Constitution that authorized Congress to enact a national income tax.

Seventeenth Amendment


Amendment to the U.S. constitution that made senators directly elected by the people, removing their selection from state legislatures.

Cooperative Federalism Era

1930 - 1970

Marble Cake. The intertwined relationship between the national, state, and local governments that began with the New Deal.

The New Deal

1933 - 1937

"Relief, Recovery, Reform" begun by FDR to bring the United States out of the Great Depression. Cooperative federalism.

LBJ's Great Society Begins and Grants increase

1964 - 1965

Categorical Grant: Grant that appropriates federal funds to states for a specific purpose.
Block Grant: A Large grant given to a state by the federal gov't with only general spending guidelines.

Ronald Reagan is Elected and calls for "New Federalism"

January 25, 1981 - 1989

contest v. Jimmy Carter and John Anderson. Wanted to transfer federal gov't power to states

Rehnquist Court

1986 - 2005

state gov
Supreme court under William Rehnquist, more conservative than Burger/Warren court promoted new federalism

The Patriot Act


"Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".

No Child Left Behind Act


Proposed a host of federal requirements on everything from class size to accountability testing

Roberts Court

2005 - 2016

federal gov't
Supreme Court under Chief Justice John G. Roberts, more conservative than Rehnquist Court.