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 of Missouri 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 CITED Webpages:

• 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