Cooperative Federalism Research Paper

New Federalism is an attempt in the 70's and 80's to restore some powers to the states from the Government. When a state court is deciding whether a case is constitutional, it must apply standards at least equal to those of the federal level. Moreover, if the states own constitutional or statutory standards are more demanding than those in the federal system, then the state may apply its own standards, giving greater protection than demanded by the U.S. Constitution. It is derived from the rule that state court decisions based on adequate and independent state grounds are immune from federal review. Examples of new federalism in action are gun laws and regulations and states not legalizing marijuana and/or gay marriages.

Cooperative Federalism was the “Marble Cake Model”. The Chocolate layer (National Government) and the Vanilla layer (States’ Government) were swirled together. The national government has become incorporated with the state and local governments, making it difficult to tell where one type of government begins and the other types end. State and local governments oversee many federal programs, for example, and the states depend on federal funds thus needing the two governments to help each other out and collectively work

Federalism is a concept that refers to a system of government in which power is shared between the national and non-national governments. Cooperative Federalism is a model of federalism in which all governments are linked and participate in the administration of programs. Creative federalism was a term used to describe the Great Society program of Lyndon Johnson. President Johnson sought to devolve powers to the states using creative federalism. The devolution of responsibilities to the states began under President Nixon but were accelerated in the 1980s under President Reagan. Ronald Reagan 's brand of new federalism dramatically decreased the use of categorical grants. Federalism under President Obama is still in the development stage, but the 2009 Federal Stimulus Plan can best be described as new federalism, creative, federalism, and general revenue sharing. There are four controversial examples of federalism at work today.

Federalism has evolved throughout American history. At different points in time, the balance and boundaries between the national and state government have changed substantially (resulting in the dual federalism, cooperative federalism etc.). Dual federalism which can also be referred to as divided sovereignty draws a clear distinction between federal and state governments, with the state government exercising the powers given to them without the influence of the federal government. It can further be supported by the Tenth Amendment which states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.” Cooperative Federalism is defined as the cooperative functioning of the state, national and local governments. The American ensemble functions according to the New Dual Cooperative Federalism.

In the Unites States of America Federalism is the basic structure of the American government; it is the distribution and balance of powers between the National government and the States government. In order to obtain a compromise between those who wanted stronger state government and those who preferred a stronger national government the founding fathers arranged and settled for a federal system rather than the alternatives of a unitary or confederal system. While both National and State governments each have specific powers and authority, they also share certain powers and must be able to cooperate effectively with each other.

New federalism is based on devolution, the transfer of power to a lower level especially by the central government to local or regional administration (Study.com). Ths means that although the federal government is on top the states are being overruled. This makes everything equal.

Federalism is the division of power between national and state government. Federalism was supported by Doc A, an excerpt of The Federalist Papers; A series of essays written by Alexander Hamilton, James Madison, and John Jay in support of the Constitution. The following quote is an excerpt from Federalist Paper #51, written in 1778 by James Madison. “In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and the portion allotted to each subdivided among districts and separate departments.” In the aforementioned quote, James Madison is referring to the national state governments. Due to federalism, power is split between local and federal governments, preventing all power being controlled by one group. As a result, the two governments each have their own powers, which prevents total rule from a national or state government. Additionally, the power in these branches are split into three more branches. This prevents any one branch of government from having total power, which guards against

Dual federalism had been destroyed by the Civil war (book, page 75). Also, the 1920’s great depression created the need for a strong national government. Over time, a strong national government had to work with the state government to solve the problems brought about by the depression. This became the new form of federalism, cooperative federalism, which as the name suggests, means the national and state government cooperate together in running the nation. However, the national government was still supreme in power. An impact of this was that the executive branch, which is a branch of the national government, gained more power and

The Federalist Papers Ten and Fifty-One were the ideal papers written by Madison to support th¬¬¬¬¬¬¬¬e ratification of the Constitution. Out of all the federalist papers, these are two of the most important federalist papers. So what were the federalist papers? They were 85 essays written by three gentlemen: Alexander Hamilton, James Madison, and John Jay that explained particular provisions of the Constitution in detail. Alexander Hamilton goes on to be the first treasury secretary, James Madison goes on to be the fourth president and John Jay the first chief justice in US history. So what was the purpose of these papers? Well, they were written to gain support for the US Constitution, especially in New York. While many people might see it as inevitable, the Constitution was a revolutionary step. Because of the revolutionary nature of the new constitution, arguments were necessary to rationalize it. Pennsylvania, Massachusetts, Virginia, and New York were the states critical to the success or failure of the Constitution. Of these four states, New York by far was the state where the success of the constitution was in the most doubt. Quickly, Alexander Hamilton decided that a massive propaganda campaign was necessary in New York, more than in any other state. So with the help of James Madison and John Jay, he published several essays in different newspapers in New York. There is really little

New Federalism is also known as Competitive Federalism due consent struggle of the national and local government trying to be “equal.”

Federalism splits the powers between the state and federal government. They also share powers like taxing, making laws, enforcing laws, setting up courts, and borrowing money. This lets the states take care of

Cooperative Federalism Federalism in which the powers of the states and the national government are intertwined like the swirls in a marble cake.

[Federalism is a system of government in which the states and the federal government share powers.] [Doc A is an excerpt from federalist #51. ] It is about how the States and The Federal government share powers. According to Doc A,“ In the compound republic of America, the power surrendered by the people is first divided between two distinct governments,and the portion allotted to each subdivided among

In my perspective, I assume that I lean more on the side of being a cooperative federalist rather than a dual federalist because of the fact that I believe that the constitution is not a fixed document, and I believe that having a larger, more unified government will hopefully help give the authority to the people instead of each state on an individual level. In a more in depth definition, a cooperative federalism favors national supremacy, assumes states will cooperate with federal regulations, believes in giving power to the people, and has a wider range of implied powers. On the opposite side, dual federalism believes mostly in the opposite idea of cooperative federalism: favors states’ rights, views constitution as a fixed document, and

Cooperative federalism began to fade away with Johnson’s Great Society program. This program often enacted grant-in-aid programs that the states were not interested in, or were opposed to. The grant-in-aid policies not only affected a few state programs, but now affected many city programs as well. Causing many people to argue that the federal government was taking on a much bigger role than it was intended to.