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The Constitution is Ratified
In 1787, the Constitution is ratified and becomes the nation's political creed. -
McColluch v. Maryland
A local Maryland Bank placed a tax on Maryland's branch of the Second National Bank. This issue is taken to the Supreme Court where Chief Justice John Marshall ruled in favor of the national government. This action expressed the idea that Congress has the power to create a federal bank thanks to the necessary and proper clause. This decision gave the federal government more ambiguous power over the states. -
Gibbons v. Ogden
Ogden and Gibbons were both steam engine operators. Ogden was authorized by New York and New Jersey to operate in their waters. Gibbons was authorized by the U.S. government to operate in interstate waters. This incident settled how commerce should be defined. Chief Justice Marshall ruled it to be defined as all commercial interaction and business dealings. The Commerce Clause is created and gave Congress the power to regulate foreign and domestic trade. Federal power is increased. -
The Civil War
The beginning of the Civil War marked a new era for America. The Southern states, also known as the confederacy, attempted to maintain power as slaveholding states. The Northern states, also known as the Union, aimed to change the slaveholding ways of the south and preserve the nation. The Confederacy believed that the states should have the power to dictate whether or not they are a slave state. Ultimately, the Union won and this was a victory for federal power. -
The 13th & 14th Amendments
Passed on December 6, 1865, the 13th Amendment abolished slavery in the United States. The 14th Amendment was passed on July 9, 1868. This amendment declared all black men to be free under the law. Both amendments clearly established national power over the states. The rural Southern states no longer had the ability to use slavery as means for labor. -
The Inauguration of Franklin D. Roosevelt
Along with the inauguration of FDR, cooperative federalism is born. FDR inherited the Great Depression and came up with a culmination of federal solutions for the stagnant economy coined as "The New Deal." These program solutions required mutual cooperation from the states and federal government. The federal government provided the funding, while the states implemented the programs. This was a huge move toward more federal power for the U.S. -
United States v. Lopez
Noted that Congress had exceeded its power under the Commerce Clause when the Gun-Free School Zones Act of 1990 was passed. The Act prohibited guns from being within 1,000 feet of a school. The ruling of this case set limitations on Congress' power under the Commerce Clause because this issue had nothing to do with economic enterprise or trade. This was a significant loss for the federal government. This can be seen as a gain for states being that it was a loss for the federal government. -
Nevada v. Hibbs
In regard to the 11th Amendment, this court case declared that employers must follow the Family and Medical Leave Act (FMLA). The act aims to eliminate gender bias and if a particular incident appears to be gender bias, it will be reviewed. This can be seen as an expansion of federal power being that a federal act is being reaffirmed by the Supreme Court. -
Gonzales v. Oregon
The courts upheld Oregon's "Death With Dignity" law. This law allows for a patient who is suffering from terminal diseases to end his/her life using lethal injection. The court ruled in favor of the state rather than the federal government. This was a significant moment for states' rights.
