Cooperative

Federalism

By: Drew Hernandez, Chris Elliott Anna Yammine, Brandon Fremin,

Linda Duraj, Josie Crawford, Brooke Murski

What is

Cooperative

Federalism?

Cooperative federalism refers to a concept in whichthe state governments, local governments, and thefederal government share responsibility in thegovernance of the people.

Fundamental Principle:National and stategovernments arepartners in the exerciseof governmentalauthority.

Characteristics of Cooperative Federalism

➔ Dual federalism, also referred to as divided sovereignty, is a political arrangement in which power is divided between the

federal and state governments in clearly defined terms, with state governments exercising those powers accorded to them

without interference from the federal government.

➔ Cooperative Federalism is the contrast to Dual Federalism, in which federal and state governments collaborate on policy.

Dual and cooperative federalism are also known as 'layer cake’ and 'marble cake’ federalism, respectively, due to the

distinct layers of layer cake and the more muddled appearance of marble cake.

New DealFDR expands the federal government to start the following programs

➔ CCC - Civilian Conservation Corps

➔ CWA - Civil Works Administration

➔ FHA - Federal Housing Administration

➔ FSA - Federal Security Agency

➔ HOLC - Home Owner's Loan Corporation

➔ PWA- Public Works Administration

➔ TVA-Tennessee Valley Authority

➔ WPA- Works Progress Administration

Civilian Conservation Corps (1933>1942)

A public work relief program established by FDR that allowed working opportunities to unemployed, unmarried men from relief families as part of the New Deal.

Intention: To promote environmental conservation and to build good citizens through vigorous, disciplined outdoor labor.

Home Owners Loan Corporation (1933)

A government sponsored corporation created as part of the New Deal. The corporation was established in 1933 by the Home Owners' Loan Corporation Actunder the leadership of FDR to refinance home mortgages currently in default.

Intention: To prevent foreclosure

Public Works Administration and Works Project

Administration (1933)

Built large scale public structures such as dams, bridges, hospitals, and schools.

Intention: to provide employment, stabilize purchasing power, and help revive the economy.

Tennessee Valley Authority (1933)

Provided navigation, flood control, electricity generation, fertilizer manufacturing, and economic development to the Tennessee Valley, a region particularly affected by the Great Depression

Intention: modernize the Tennessee Valley area using electricity and federal experts.

Civil Works Administration (1933>1934)

Job creation program established by the New Deal during the Great Depression to rapidly create manual labor jobs.

Intention: To be solution to unemployment that would last a long span, until the economy improved. However, after going severely over its budget, and internal resistance from Secretary of Interior Harold Ickes and Bureau of Budget Director Lewis Douglas, the CWA was ended after only a couple of months.

Federal Housing Administration (1934)

Provided mortgage insurance on loans made by FHA - approved lenders, insured mortgages on single family and multifamily homes, and set standards for construction.

Intention: To improve housing standards and conditions, provide an adequate home financing system through insurance of mortgage loans, and to stabilize the mortgage market.

Federal Security Agency (1939)

Organization established by the Reorganization Act of 1939 which brought together all Federal programs in the fields of health, education, and social security.

Intention: To reduce the number of agencies reporting directly to the president.

Court’s Response

-The “Four Horsemen” oppose the New Deal

-Court Packing Scandal: Controversial plan to expand the Supreme Court to as many as 15 judges, allegedly to make it more efficient. Critics charged that Roosevelt was trying to “pack” the court and thus neutralize Supreme Court justices hostile to his New Deal.

The New Deal was significant because this was Herbert Hoover’s response to the Great Depression

1950’s Revival of Theory of Nullification

-Brown v. Board: Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

*Oliver Brown and some other parents decided to file suit against Topeka’s Board of Education becuase they felt that the segregation there violated the Equal Protection Clause.

-Alabama passes nullification resolution. Alabama felt that the federal government was intruding on the state government’s rights.

-Federal Troops escort students to Central High School in Little Rock.

* Federal Government reasserts their power over the states.

LBJ’s Great Society

War on Poverty

Economic Opportunity Act of 1964, which created an Office of Economic Opportunity to oversee a variety of community-based antipoverty programs.

Elementary and Secondary Education Act of 1965- Provided significant funding to public schools, It ended a long-standing political taboo by providing significant federal aid to public education

Social Security Amendment of 1965- Created Medicare and Medicaid, initially provided aid to the elderly and poor citizens.

Civil Rights

The Civil Rights Act of 1964- forbade job discrimination and the segregation of public accommodations.

The Voting Rights Act of 1965 assured minority registration and voting. It suspended use of literacy or other voter-qualification tests that had sometimes served to keep African-Americans off voting lists and provided for federal court lawsuits to stop discriminatory poll taxes. It also reinforced the Civil Rights Act of 1964 by authorizing the appointment of federal voting examiners in areas that did not meet voter-participation requirements.

The Immigration and Nationality Services Act of 1965 abolished the national-origin quotas in immigration law.

The Civil Rights Act of 1968 banned housing discrimination and extended constitutional protections to Native Americans on reservations.

Environmental Protection

➔ Water Quality Act of 1965

➔ Clean Air Act of 1963

➔ Wilderness Act of 1964

➔ Endangered Species Preservation Act of 1966

➔ National Trails System Act of 1968

➔ Wild and Scenic Rivers Act of 1968

➔ Land and Water Conservation Fund Act of 1965

➔ Solid Waste Disposal Act of 1965

➔ Motor Vehicle Air Pollution Control Act of 1965

➔ National Historic Preservation Act of 1966

➔ Aircraft Noise Abatement Act of 1968

➔ National Environmental Policy Act of 1969

Court Cases

Powell v. AL (1932)- reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama.

NLRB v. Jones & Laughlin Steel Corp. (1937)-was a US labor law case in the United States Supreme Court that declared that the National Labor Relations Act of 1935 was constitutional.

More Court Cases

United States vs Darby Lumber Co. (1941)- Supreme Court upheld the Fair Labor Standards Act of 1938, holding that the U.S. Congress had the power under the Commerce Clause to regulate employment conditions.

Korematsu vs United States (1944)- concerning the constitutionality of Executive Order 9066, which ordered Japanese Americans into internment camps during World War II regardless of citizenship.

Last Court Cases

Brown v. Board of Education (1954)- case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

Wickard v filburn (1942)- case regarding the federal control of farming.

Watkins v United States (1957)- the power of the United States Congress is not unlimited in conducting investigations and that nothing in the US Constitution gives it the authority to expose individual's' private affairs.

Last Court Cases cont.

Engel v. Vitale (1962)-case that ruled it is unconstitutional for state officials to

compose an official school prayer and encourage its recitation in public schools.

Gideon v. Wainwright (1963)-ruled that states are required under the Sixth

Amendment to the U.S. Constitution to provide counsel in criminal cases to

represent defendants who are unable to afford to pay their own attorneys.

Amendments

20th (1932)- Changes the date the terms of President and Vice President (Jan 20)

and Senators and Representatives (Jan 3) end.

21st (1933)- Repeals 18th amendment and makes it a federal offense to transport

or import intoxicating liquors into US states and territories where such transport or

importation is prohibited by the laws of those states and territories.

22nd (1947)- Establishes term limit on Presidency

23rd(1960)- Grants citizens in DC the right to vote in Presidential Elections

24th(1962)- Bans any poll tax

Review- How Federalism

Changed

➔Start of period- Dual Federalism

➔With New Deal, government becomes economically involved in economic

sector

➔With Brown v Board and Korematsu v United States, courts act on racial

issues

➔Eisenhower expands New Deal policies in time of prosperity

➔LBJ’s Great Society sees the federal government involved in bettering

society through more than short term relief

Sources

Textbook

http://www.uscourts.gov/about-federal-courts/educational-

resources/supreme-court-landmarks

http://www.loc.gov/teachers/classroommaterials/presentati

onsandactivities/presentations/timeline/depwwii/newdeal/

http://hrlibrary.umn.edu/education/all_amendments_usconst

.htm

http://www.ushistory.org/us/56e.asp

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