Cooperative Federalism

1. Cooperative Federalism Alex H. Salman S. Mitch S.

2. Introduction Cooperative federalism was first introduced in the United States during the New Deal era of the 1930s and as a result the constitutional concept of dual federalism nearly disappeared. Under dual federalism, the U.S. national government was granted a limited number of powers with the states otherwise sovereign. The states were considered to be as powerful as the federal government within respective political spheres and each were responsible for specific government functions that did not overlap. States with a vested interest in prolonging an economy based on slavery relied on dual federalism to support their rejection of federal government intervention.

3. Cooperative Federalism Cooperative federalism is a political and constitutional concept developed in the early 20th century that emphasizes the decentralization of power and a not necessarily equal sharing of governmental responsibilities between federal, state and local agencies and institutions, as opposed to a system in which policy is imposed on local administrators by an all-powerful federal regime.

4. New Deal Era In the New Deal era, cooperative federalism was best exemplified by federal grant-in-aid programs that encouraged state governments to implement programs funded by the national congress. Instead of imposing a program nationally, the federal government offered significant financial resources to entice each state to implement and administer the program locally. Grant-in-aid programs were typically funded and designed by the federal government but administered by participating state governments.

5. Programs (New Deal Era, 1933-1939) (AFDC)- The now canceled Aid to Families with Dependent Children (AFDC) is an example of a grant-in-aid program created in 1935 and administered by the U.S. Department of Health and Human Services. AFDC gave financial help to low-income families with children. Each state that agreed to participate received matching funds from the national government but was subject to federal regulations. (FHA)- provided federal financing for new home construction (CCC)- a work relief program for farmers and home owners (AAA and NRA)- which imposed restrictions on production in agriculture and many industries Court Packing Plan- FDR would enlarge the number of justices from 9 to 13. this would allow him to “pack the Court” with a majority of justices predisposed toward the constitutional validity of the New Deal.

6. Court Cases and Amendment NLRB v. Jones and Laughlin Steel Co. (1937)- authorized collective bargaining between unions and employees. McCulloch v. Maryland, (1819), The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution 10th amendment- Cooperative federalism impedes on the 10th amendment by giving more powers to Congress, taking more from the people.

7. Works Cited http://www.wisegeek.com/what-is-cooperative-federalism.htm http://www.usconstitution.net/consttop_fedr.html http://dictionary.reference.com/browse/elastic+clause