Cooperative Federalism

1. Cooperative Federalism • Ms. Adams, 6th

2. Era of Cooperative Federalism • 1930-1960 • The era of Cooperative Federalism appeared like a result of the unconstitutional concept of Dual Federalism. In addition, it improved the federal government powers by limited the power of states. Cooperative Federalism in the New Deal era was best described by the grant-in-aid programs where the national government offered significant resources to entice each state to implement and administer the program locally instead of imposing the program nationally.

3. The Relationship Between National and State Government • In cooperative federalism the state, local, and federal government work together in making and changing policies though the federal had more power • States would cooperate with the national government to administer specific programs • Examples: • The federal government gave many grants and aids to the states to pull them out of the depression • The cooperation of the national and state government to build the national interstate highway system • The expansion of cooperation federalism during Johnson's Great Society required even greater cooperation from the states in return for federal grants • During WWII the federal government got more involved giving money for the creation of new programs 1942 (financial incentives)

4. Differences from the previous era • The previous era (Dual) was an era in which a state and federal powers were separate • State had more power • For the Cooperative era, the national and state government shared power in policy making and solving problems, yet the national government still had more power • The states cooperated with the national government to administer specific programs

5. Causes of the shift from Dual to Cooperative • The move to cooperative federalism was called forth by the Great Depression. • (This makes sense because Cooperative Federalism was introduced in the 1930s, not long after the stock market crash of 1929 [beginning on October 29, 1929] and a few years before the New Deal began to take effect.) • Following the collapse of our economy, the federal government was forced to take control and take steps to rectify the situation. • In order to do that, there had to be a certain magnitude of complacency between the state and federal governments. • Therefore, the previous dual federalism (layer cake) ideology of government ceased to work efficiently. • Cooperative Federalism worked well because through the granting of categorical grants and grants-in-aid, state governments were willing to accept Franklin D. Roosevelt’s numerous New Deal programs. (carrot approach to fiscal policy) • In the end, Cooperative Federalism (marble cake) really represented the newly intertwined nature of the federal and state governments.

6. Key people, events, movement or ideologies • This era of Federalism was widely attributed to the cooperation between the state and federal governments, which was only necessary because of one of this era’s biggest events, the Great Depression. • With the Great Depression came the advent of the New Deal, which carried programs such as the Federal Deposit Insurance Corporation (FDIC), the Federal Crop Insurance Corporation (FCIC), the Federal Housing Administration (FHA), the Tennessee Valley Authority, AHA, and two of the biggest: the Social Security System and the Securities and Exchange Commission (SEC) all of which still remain active today. • Franklin D. Roosevelt is one of the key people involved in the establishment of Cooperative Federalism for one, because of the pursuit of the New Deal plan itself, and because of hisundermining “Court-Packing” scheme, which validated the Federal Governments slow rise inpower during this period.

7. Key people, events, movement or ideologies(cont.) • Another major event came with WWII; which is significant not only because it granted FDR his 3rd and 4th term, but also because the major event slanted even more power to the Executive branch, which came to characterize the governments division of power for the rest of the Cooperative Federalism era and onwards.

8. Key Supreme Court Cases • 1. West Virginia Board of Education and Barrette (1943): (1st Amendment, freedom of religion) West Virginia required people to salute the American flag. Jehovalis Witnesses objected because they felt it would break their religion’s doctrine against the worship of any “graven image”. Court ruled over state because it was a violation of the 1st amendment.

9. Key Supreme Court Cases • Watkins v. U.S: The court ruled that Watkins wasn’t given an opportunity to determine if he was in his rights to refuse to answer questions from Congress. Basically, it stated the limits of Congress investigative powers. • Ruling: Congressional inquiry must be stated in the committee’s charter it the rights of the 1st Amendment are in jeopardy.

10. Key Supreme Court Cases • Powell v Alabama (1932): (6th Amendment, right to counsel). Involved the “Scotteboro Boys,” 7 African Americans accused of sexual assault. An important case in the development of fundamentals of fairness doctrine of the court. • Ruling: Overruled Alabama’s decision of the death penalty on the grounds that there wasn’t a fair trial. Helped incorporate the Bill of Rights into state constitution.

11. Key Supreme Court Cases • Korematsu V. U.S (1944): • Ruling:Held up the right of the federal government to restrict people when necessary during World War II

12. Key Supreme Court Cases • Dennis v. U.S (1951) (1st amendment) Smith Act of 1940 made it illegal to work to bring down the U.S government. Dennis and other communists were convicted of breaking the Smith Act and the court upheld the decision

13. Key Supreme Courts Case • Brown v. Board of Education(1954): (14th Amendment, Equal Protection Clause) • Overturned Plessey V. Ferguson (1896) • Ruling: Desegregation of schools

14. Amendments that altered the relationship between federal and state government. -This type of federalism weakened the 10th amendment which reserved for states powers not assigned to the national government or denied to the states by the Constitution -Restricted the 10th amendment and suggests supplements to the Elastic Clause -It challenged the Elastic Clause which gives Congress the power to make laws (enumerated powers)

15. Analogy of the cake • The cake analogy itself is very simple. As mentioned before, we previously had a Dual Federalism (layer cake) division of power. Each of the delegated powers had been clear and easy to identify. However, as time progressed and we established different needs, such as the need for cooperation, those distinct layers blurred together. Marble cake, in essence, represented the intertwining powers of the Federal and State Governments of our era.