Dual Federalism Essay

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The purpose of the constitutional powers of the national government is to keep checks and balances among the legislative, executive, and judicial branches, and also to divide power between the federal and state governments. Some key constitutional provisions that help us better understand the different constitutional powers of the national and state government first begins with Article One Section Eight of the Constitution. This passage is all about enumerated powers given to the national government which are also known as delegated powers. The Framers, who were the founders of the Constitution granted and denied powers to the national and state governments, in which included seventeen enumerated powers. Some of these enumerated powers for …show more content…

When federalism first developed, it was called dual federalism which lasted from 1789 to 1937. Dual federalism was a model in which the responsibilities and activities of the national and state governments were separate and distinct. During this time the national government was known to promote economic expansion and to control trade. The state government was known to police powers and regulate business behaviors, such as health and safety of citizens. The levels of governments had their own responsibilities and did not overstep each other. Then the dual federalism changed into cooperative federalism during the time of the Great Depression due to the overwhelmed states who needed help to grow the economy. This type of federalism is which is still used today. It stresses the linkages among the three levels of government, and it also created a new interpretation of commerce power. This gives the congress power to regulate trade with other foreign countries among the states and not just federally. This federalism also introduced many new grants-in-aid which helps to redistribute wealth and created a minimum wage. In this type of federalism, the two levels of government work together, unlike dual federalism, to accomplish similar goals and to help one another. In 1964, a new type of federalism was created, coercive federalism, which is also used in today's society. This form of federalism is when the national government uses regulation, mandates, conditions, and preemptions to impose national priorities on the states. In this case, national laws will take precedence over state laws, and states will have to do certain things which does not necessarily mean it has to be funded or mandated. In a way, the national government is dictating the states. This form of federalism is where the BAC level comes into play. As explained before, if the states do not enforce the

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