When the national government started passing national welfare legislation, at first the courts were ready to invalidate it, but public opinion and fear of further economic collapse shifted their support to the national programs.
Repeated pattern in the areas of taxation and spending as well. Court resistant at first, but nation’s needs changed this.
Court packing resulted and FDRs showdown with Supreme Court.
The 30s brought the beginnings of cooperative federalism.
Cooperative federalism stresses a partnership and a sharing of functions, responsibilities, and programs between states and the national government.
Interpretation of the Constitution changed as well.
The case of the United States v. Darby Lumber (1941) overturned Hammer vs. Daggenhart (1918) and made it illegal to ship goods produced by child labor across states.
Marble cake metaphor.
Federal government got more involved in areas that had previously been the jurisdiction of the states.
Cooperative Federalism Expands with Civil Rights:
States rights v. Civil Rights
Brown v. Board of Education (1954)
Commerce Clause and Civil Rights Movement (1960s) Heart of Atlanta case
During the 60s under the Johnson Administration, the Great Society programs again expanded the range of federal activity at the state level with the with goal toward alleviating poverty, particularly in urban areas.
Money from national government to states: carrot and stick approach.
Era 3: (Nixon, Reagan, and 104th Congress)
New Federalism: 1968-1994 and New New (devolution revolution) since 1994
President Richard Nixon instituted a new policy. The program focused on large grants to states. Idea of giving states federal money to do with as they please.
States had more autonomy with this New Federalism.