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Gibbons v. Ogden
The true definition of the word commerce was questioned during the Gibbons v. Ogden case. It was to be decided whether the national government had the power to regulate interstate commerce, or it be a concurrent power. It ended with the national government having the authority of economic affairs throughout the nation. This explains the commerce clause, which favors federal rights more than state rights when it comes to the regulation of trade among the states and other countries. -
The Civil War
The Civil war ended with a victory of the north in 1865. After they defeated the south, it was no longer an idea to have any state withdraw from the Union. South Carolina previously tried to withdraw from the Union before the end of the war. The war resulted in the national government holding even more political power than they did previously. Again, the states lose rights v. the federal government. -
Withdrawal of Troops
After the end of the Civil War, President Rutherford B. Hayes withdrew the remaining federal troops out of the South. What this meant was that the national government no longer had control over state regulations that affected the now free African Americans. The power was in the hands of the States. This gave the state rights a little more power back than what they had previously. -
Supreme Court
The supreme court was in favor of supporting dual federalism and that states' rights. They wanted to limit the power the national government held. Previously in 1895, the court ruled against a national income tax, they believed it was unconstitutional. They also banned the national government from having control over issues that were strictly local. for example, the court ruled against the national government banning child labor because it was a local problem. -
The New Deal
President Roosevelt introduced the New Deal, which expanded the ideas of an authority of the national government. This included national antipoverty programs, and codes restricting competition and regulate labor relations. -
Categorical Grants
These were grants created to aid the State and Local governments for programs and projects. By the year 1985, these grants were used on 400 programs, including medicaid, which is health insurance through the state. Many of these programs aided the poor and helped with unemployment and housing issues. This is a good way to experiment with programs locally, instead on trial and error on a national basis. -
Health cases & Laws
The Supreme court felt that the national governments ability to seize and destroy illegal drugs upstaged California's legal use of medical Marijuana. In another case, the supreme court favored Oregon's death by dignity law, which allows patients suffering of terminal illnesses to chose to end their lives so they do not have to suffer. The supreme court was giving the states individual powers depending on the issue, rather than leaving it to be a national issue.
