The Benefits Of Dual Federalism

Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government

During the and after the framing of our nations constitution, between 1789-1819 the majority of the power lye in the hands of the state or colonies governing bodies. In the beginning and throughout the nineteenth century conflicts began to emerge about in whom had the powers and final say over laws, and the enforcements of laws. The fight over the need of the federal government to create a national bank plus, the debate over slavery end up dividing the country and in the process creating dual federalism. Dual federalism divided power and authority of each governing body but, left much authority to the states. This caused important laws like minimum wage and child labor laws to be overlooked by the states and considered unconstitutional. Making it difficult for congress to pass laws that may have been beneficial in boosting our economy during the great depression. In layer cake federalism the powers of the two were completely separated and marble cake federalism in-which state and federal authorities were mixed together did not seem to be the answer. A new plan had to be formed in order to extend the powers of the federal government making their decisions more powerful to aid in pulling the country out of the great depression

This was all made it possible for the federal government to use state officials to get policies done and initiate federal programs. The federal government offer many incentives to the states to get these official to help implement plans and reach goals through offering grants to help state carry out their own programs. The ruling of South Dakota vs Dole was a prime example of the incentives offered by federal programs to states. To address the issues associated with cooperative governing federalism the “new plan” was implemented giving state back authority of certain rights. It cut back the rights of the federal government to regulate commerce on state interstates. It gave more power to the eleventh amendment and citizens of a state cannot sue a person in another state in a federal court. I believe the proper distribution of powers that the federal and state government bodies should have should not be equal. The reason I believe this is in my opinion is for the majority our federal governing system is very fair and the protection it provides. We cannot do without national defense. I believe that certain laws are important for different states but, for the most part most state and federal laws should be