Dual Federalism Vs Cooperative Federal Government
Tingzi Zhang
Ms. Crouse
U.S Government
Oct. 27
Federalism is a political system in which power is divided and shared between the national government and the states. There are four types of federalism -- Dual Federalism, Cooperative Federalism, Regulated Federalism and New Federalism.
Dual Federalism, from 1789 to 1865, divides nation power into two parts delegated to state governments and federal government accordingly. In agreement, they were not at liberty to interfere with each other. Politicians supported advocating a boundary between federal government and state government. As they proclaimed, “Remain independent from each other, and enjoy supremacy in their own areas of jurisdiction”. Of primary importance in dual federalism is states' rights, which reserve to the states all rights not specifically conferred on the national government by the …show more content…
United States, 521 U.S. 898 (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady firearms legislation. The court explained that prior decisions warned that "this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations."
Regulated Federalism stood from 1963 to 1981. National government is back on the field and forces state government to comply by withholding their funds back.
For example, in 1975, the government used the Highway Trust Fund as leverage to mandate that motorcyclists wear helmets. However this law was flip-flopped in 1995 after Clinton signed a new law that culminated the 55mph speed limit and the helmet rule.
A decade later, in 1984 National government cut 10% off of the highway trust fund states those did not comply with the new drinking age of 21. It would have been a huge problem considering in some states, several million dollars was to be withdrawn. To survive through the year, all of the states complied at the
Ms. Crouse
U.S Government
Oct. 27
Federalism is a political system in which power is divided and shared between the national government and the states. There are four types of federalism -- Dual Federalism, Cooperative Federalism, Regulated Federalism and New Federalism.
Dual Federalism, from 1789 to 1865, divides nation power into two parts delegated to state governments and federal government accordingly. In agreement, they were not at liberty to interfere with each other. Politicians supported advocating a boundary between federal government and state government. As they proclaimed, “Remain independent from each other, and enjoy supremacy in their own areas of jurisdiction”. Of primary importance in dual federalism is states' rights, which reserve to the states all rights not specifically conferred on the national government by the …show more content…
United States, 521 U.S. 898 (1997) the Court held that the national government could not directly require state law enforcement officers to conduct background checks under the Brady firearms legislation. The court explained that prior decisions warned that "this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations."
Regulated Federalism stood from 1963 to 1981. National government is back on the field and forces state government to comply by withholding their funds back.
For example, in 1975, the government used the Highway Trust Fund as leverage to mandate that motorcyclists wear helmets. However this law was flip-flopped in 1995 after Clinton signed a new law that culminated the 55mph speed limit and the helmet rule.
A decade later, in 1984 National government cut 10% off of the highway trust fund states those did not comply with the new drinking age of 21. It would have been a huge problem considering in some states, several million dollars was to be withdrawn. To survive through the year, all of the states complied at the