American Federalism, 1776 to 2000: Significant Events (CRS Report for Congress)
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| Release Date |
Nov. 30, 2000 |
| Report Number |
RL30772 |
| Report Type |
Report |
| Authors |
Eugene Boyd and Michael K. Fauntroy, Government and Finance Division |
| Source Agency |
Congressional Research Service |
Summary:
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.
