POLSC232: American Government

Since ratification of the Constitution, which established a union of states under a federal system of governance, two questions that have generated considerable debate are: What is the nature of the union? What powers, privileges, duties, and responsibilities does the Constitution grant to the national government and reserve to the states and the people? During the 211-year history of the Constitution, these issues have been debated time and again and have shaped and been shaped by the nation's political, social, and economic history.

During the pre-federalism period, the country waged a war for independence and established a confederation form of government that created a league of sovereign states. Deficiencies in the Articles of Confederation prompted its repeal and the ratification of a new Constitution creating a federal system of government comprised of a national government and states. Almost immediately upon its adoption, issues concerning state sovereignty and the supremacy of federal authority were hotly debated and ultimately led to the Civil War.

The period from 1789 to 1901 has been termed the era of Dual Federalism. It has been characterized as an era during which there was little collaboration between the national and state governments. Cooperative Federalism is the term given to the period from 1901 to 1960. This period was marked by greater cooperation and collaboration between the various levels of government. It was during this era that the national income tax and the grant-in-aid system were authorized in response to social and economic problems confronting the nation. The period from 1960 to 1968 was called Creative Federalism by President Lyndon Johnson's Administration. President Johnson's Creative Federalism as embodied in his Great Society program, was, by most scholars' assessments, a major departure from the past. It further shifted the state-national power relationship toward the national government through the expansion of grant-in-aid systems and the increasing use of regulations. Contemporary federalism, the period from 1970 to the present, has been characterized by shifts in the intergovernmental grant system, the growth of unfunded federal mandates, concerns about federal regulations, and continuing disputes over the nature of the federal system. Some of the major disputes during this period were decided by the Supreme Court which ruled, more often than not, in favor of the States.

Source: Eugene Boyd and Michael K. Fauntroy, http://web.archive.org/web/20160602143619/http:/digital.library.unt.edu/ark:/67531/metadc815809/m2/1/high_res_d/RL30772_2000Nov30.pdf
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