Federalism...

Name of Federalism and Key Figures	States or Federal Government	Key Cases	Explanation of change theme	Any other relevant information
Dual Federalism / layer cake federalism	State – everything apart from foreign and interstate affairs	Plessy v. Ferguson (1896)gave states the permission to enforce segregation laws/Jim Crow if they wished	The Supreme Court struck down laws passed by Congress to regulate business & working conditions – the Supreme Court deemed this unconstitutional and these laws only applied to inter-state commerce	‘the power of states over local matters may be eliminated and…our system of government destroyed’
Co-Operative Federalism – the new relationship of co-operative federalism was more like two different mixtures contributing to marble cake federalism	Federal Government	Wall Street Crash – the Great Depression, 1929 New Deal – provided financial help for the unemployed Schechter Poultry Corporation v. US (1935) Regulated all companies including local trade, which was state responsibility US v. Butler (1936) the court ruled the Agricultural Adjustment Act was unconstitutional as it interfered with state responsibility	The federal government rose to take responsibility for local schools, work/unemployment benefits – which was a major departure from traditional federalism	The New Deal destroyed Federalism. Co-Operative federalism continued because the government needed to control the economy during WWII and after to take care of the aftermath of those who served & were wounded by war. During the Cold War, the US was a major technological player in arms and provided a vast array of jobs in the economy. Federal government rose as the key player, taking away state power.
Johnson and Creative Federalism	Federal government	Great Society – aimed to alleviate poverty; only federal government would have the resources for such a large programme that would take significant commitment in areas including; healthcare for the elderly, inner city unemployment, housing, education, transport Gideon v Wainwright (1963) – defendants were entitled to a lawyer even if they couldn’t afford it, due to the 6th Amendment Miranda v. Arizona (1966) – suspects had to be informed of their rights to not incriminate themselves (silence), 5th Amendment	-Direct federal support; block grants   changed the nature of federalism -Financial support for local government bypassing state government; constitutionally, the local government is accountable to state government which changed the dynamic of federalism completely. -Categorical grants; given for specific purposes – the state couldn’t put the money to any other use	Federal government dictating how money was spent by states changed the nature of Federalism    Effects of Great Society – the amount of money spent by federal government on welfare for citizens rose dramatically
Nixon and New Federalism	State government	Nixon attempted to bring back federalism in its purest form. Nixon attempted to reverse the effects of the Great Society which he believed completely destroyed federalism. Roe v Wade (1973) Texas law that restricted abortion was struck down, due to the 9th Amendment which protects the rights other than those stated in the Constitution. Any state law which made abortion illegal was an unjustifiable intrusion by the   Government on the privacy of the individual	Whilst Nixon attempted to pass the federal power down to the states, the Supreme Court continued to insist on Federal standards being applied to state laws and actions	General Revenue Sharing – categorical grants replaced by block grants for states to spend
Reagan and New Federalism	State government	-Issued Executive Order to favour the interests of the states  over federal government when policy making -By reducing federal aid to states, he broke dependency culture (reducing $18billion) -Instead of federal & state government sharing responsibility, the states would take FULL responsibility of 2/3 programmes (Medicaid, welfare/food stamps) and federal government would be responsible for the third. This was known as SWAPS – and whilst this seemed a feasible proposal, the states simply couldn’t afford such a programme	Appointed Anthony Kennedy who shared the view that the judiciary should restrain Congress in interfering with in state affairs/problems	Government is not the solution to our problems, government is the problem
Clinton and New Federalism	State government	Clinton felt, as a previous governor, states should have freedom to decide what was best for states, which was enhanced by the growing professionalism state governments possessed. US v. Lopez (1995) – Congress had exceeded powers when it passed banning firearms near schools; this could only be passed by states; Printz v. US (1997) – background checks could not be enforced by Congress as this was for states to instruct	1960s: local/state electors declined, as most wanted to be in Washington. 1990s: this reversed and state politicians cooperated with one another Economic boom leading to an increase in tax revenues for states and less reliance on Federal government income
George W Bush and New Federalism	State government	Fiscal conservative agenda; if taxes were cut national government would be forced to do less & people would rely on their own resources. Starving the Beast would strengthen state governments and ensure personal responsibility	-9/11 federal government was given additional funds to spent on reconstruction of New York City; new government department set up for Homeland Security INTERVENTIONIST INSTINCTS: -Medicare – improved healthcare for the elderly -No Child Left Behind – federal government’s contribution to the cost of education. Introduced the federal system of   accountability for schools not meeting English, Maths, Science criteria -Hurricane Katrina: serious damage to New Orleans – Bush committed to rebuild the city
Obama and Federalism	Federal government	US v. Windsor (2013) – against Congress, struck down the part of DOMA that prohibited federal benefits to homosexual couples Hollingsworth v. Perry (2013) – refused to hear case on same sex marriage, which reinstated same sex marriage in California. Fisher v Texas (2013) – voided the Grutter decision and made Affirmative Action unconstitutional in Texas, in favour of the state Shelby County v. Holder – invalidated Section 4b of the Voting Rights Act; permitting the states to decide their own voting procedures. This was a win for the ANTI-FEDERALISTS!!! National Federation of Independent Businesses v. Sebelius – that insurance exchanges under Obamacare were unconstitutional as they didn’t have the individual mandates to force the states in providing healthcare insurance. Congress couldn’t collect taxes under the Commerce Clause, making the coercion of states to buy healthcare insurance completely unconstitutional	Obamacare – Affordable Care Act meant that the federal government was maintaining the role of the state by paying for welfare Obama Stimulus Package – economy was in absolute shambles, collapse of the Lehman Brothers. Economic stimulus bill of $787billion dollars