Federalism in the United States has evolved over the past 200 years from an arrangement where state and national government powers and responsibilities were clearly distinct and separate, to one in which the line of distinction between the two has blurred. When the framers drafted the Constitution, they provided separate powers to the federal government in Article One. A few of these clauses extended the power of the national government in order to prevent the hazards faced by the Articles of Confederation. In order to ensure that limitations still existed on the federal government, the Tenth Amendment was included. Yet, the Supreme Court nearly ignored these concerns and provided power through two landmark cases, and as time progressed, federal legislation allowed for expansion. It was the New Deal that was passed in an effort to save the country from the Great Depression, that crossed the lines set in the Constitution, and since, there is very limited power restrictions upon the federal government.
The framers of the Constitution knew that the federal government had to have some power. So, the provided these powers in Article I, Section 8. Each clause sets specific powers and allowed for an expansion of the national government. Clause 1 expands the power of the federal government by allowing Congress to control the finances of the federal government. The power over the purse is a very large power that the federal government did not have under the Articles of Confederation. Clause 3 is an expansion of power as it gives the federal government power over economic activity. Clause 11 is an expansion of power as it allows the federal government to take the states into war. Clause 15 provides expands the power of the federal government by allowing the formation of a militia separate from the state. Clause 18 provides the federal government the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof”. This is an expansion of national power as it provides implied powers. Amendment Ten of the Bill of Rights was intended to restrict the expansion of the federal government. It provides that “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. This amendment is intended to leave the states with power and not allow the federal government to have all the power. With these limitations in place, the Supreme Court gave the federal government more power.
The Supreme Court’s role in Federalism
In the case of McCulloch v. Maryland, the Supreme Court provided Congress with the authority to create a national bank through the use Clause 18, which became known as the Necessary and Proper Clause. The Court stated that the federal government has this authority as it has power to establish legislation that assists the national government in attaining ends that are both appropriate and legitimate. The Court further stated that even if the power is not explicit in the Constitution, the federal government does have the authority to “use other, non-enumerated” methods to seek ends that are reasonable. In creating a national bank, the federal government is promoting prosperity. Since creating a national bank is not explicitly forbidden in the Constitution, the federal government may use it as means to accomplish the legitimate ends of promoting prosperity. In the case of Gibbons v. Ogden, the Court addressed the power provided to Congress in Clause 3. The Court explained that the power to regulate commerce was an expansive power and included the authority to regulate commerce in every avenue of commercial intercourse. This provided the national government with power to regulate extensive commercial activity without limitations. Although the Supreme Court resisted President Roosevelt’s New Deal during the Great Depression, extensive legislation passed providing further expansion of powers to the federal government.
The New Deal
The greatest legacy of the New Deal was the expansive powers provided to the federal government. Through legislation, Congress took on the responsibility of ensuring the health and safety of the national economy and the welfare of the people. The legislation included the establishment of unemployment insurance, insurance for old age and insurance for bank deposits. The federal government became intensely involved in labor relations and the stock market through the Wagner Act and the establishment of the Securities and Exchange Commission. And, through the creation of Fannie Mae and the Federal Housing Administration, the federal government enabled citizens to become homeowners. Overall, the New Deal created economic security through the use of the power of the federal government. The federal government began, with expectations of the people, to be involved in the everyday lives of its citizens and to address personal matters that had been exclusive of the states. The New Deal transferred the responsibility for social welfare and economic development from the state to the federal government. It allowed for economic recovery and fashioned a new social order. Lives were saved and marginalized groups were empowered.
Contemporary Politics and Federalism
The power of the federal government proceeded from a near equal or comparable authority with the states to modest increase in power up to the New Deal and into a rapid increase in power through the creation of social programs. Contemporary politics would not exist as they are today without the giant step toward federalism that Franklin Roosevelt took to stabilized the country. Programs initiated by President Obama, such as Obamacare, reflect this tendency. However, with the election of Donald Trump, it seems that this progression with ease, as he promises a remaking of America.
Conclusion
When the framers drafted the Constitution, they knew that the federal government had to have some power. They provided separate powers to the federal government in Article One, Section 8. Power to tax and control the finances of the federal government, power to regulate commerce, power to build an army, militia and declare war, served to provide specific yet restrictive powers. However, one power, which became known as the Necessary and Proper Clause, provided powers that were not expressly written, in an attempt to place limits, the Tenth Amendment was adopted. Yet, the Supreme Court nearly ignored these concerns and provided power through two landmark cases. In the case of McCulloch v. Maryland, the Supreme Court provided Congress with the authority to create a national bank through the use Clause 18, which became known as the Necessary and Proper Clause. The Court stated that the federal government has this authority as it has power to establish legislation that assists the national government in attaining ends that are both appropriate and legitimate. In the case of Gibbons v. Ogden, the Court expanded the power to regulate extensive commercial activity without limitations. Although the Supreme Court resisted President Roosevelt’s New Deal during the Great Depression, extensive legislation passed providing further expansion of powers to the federal government. Through legislation, Congress took on the responsibility of ensuring the health and safety of the national economy and the welfare of the people. The New Deal created economic security through the use of the power of the federal government. The federal government began, with expectations of the people, to be involved in the everyday lives of its citizens and to address personal matters that had been exclusive of the states. Contemporary politics would not exist as they are today without the giant step toward federalism that Franklin Roosevelt took to stabilized the country. Programs initiated by President Obama, such as Obamacare, reflect this tendency. However, with the election of Donald Trump, it seems that this progression with ease, as he promises a remaking of America.
Federalism grew as the national government attempted to resolve issues that appeared to be unsolvable by the states. Disputes arose over principles and property and the Supreme Court provided the federal government with authority to resolve the disputes. The economy dove to a low that the states could not revive and President Roosevelt saved the economy through the use of his New Deal package. As decades’ past, the federal government maintained its attempts at resolving seemingly unsolvable issues, the civil rights movement and more recently national healthcare program.
Works Cited
Inman, Robert P. and Daniel L. Rubinfield. "Rethinking Federalism." The Journal of Economic Perspectives (1997): 43-64.
Stahl, Jonathan. Gibbons v. Ogden: Defining Congress' power under the Commerce Clause. 2 March 2016. The National Constitution Center. <http://blog.constitutioncenter.org/2016/03/gibbons-v-ogden-defining-congress-power-under-the-commerce-clause/>.
—. McCulloch v. Maryland: Expanding the power of Congress. 6 March 2016. The National Constitution Center. <http://blog.constitutioncenter.org/2016/03/mcculloch-v-maryland-expanding-the-power-of-congress/>.
