4.2 Discussion: Cooperative Federalism

Cooperative Federalism is built upon the Congressional use and expansion of the Commerce Clause, Doctrine of Implied Powers, and the National Supremacy Clause.  These legislative expansions were then embraced by the  Supreme Court, expanding the power of the Federal Government over the States.  This was a departure from the clear division of power under Dual Federalism.

Why the growth of Federal Power?  To protect the rights of the people in the states when states refused to take "proper" action.

Cooperative Federalism will start during the Post-Civil War Era when Southern States refused to recognize the rights of new freed slaves.  The passage of the 14th Amendment (reverses Barron v. Baltimore and Dred Scott cases) grants the Federal Government the right to intervene into the states and protect the rights of citizens.   Congress will then use its Necessary and Proper,  Doctrine of  Implied Powers, and the Commerce Clause powers to extend federal authority into the states during the Populists, Progressive,  New Deal, and Civil Rights Era's.    

Review the changing "size" of government and power as illustrated in the three Federalism periods at Visual Federalism.

2.5.1 Visual Federalism-Three Stages of Federalism

Necessary and Proper Clause

Commerce Clause

Discussion Question:

1. How did the Supreme Court interpret the Commerce Clause and the Necessary and Proper Clause to construct Cooperative Federalism.
2. How did Congress use grants and mandates to bring the states under federal control?  
3. How did the 14th Amendment and its application change the relationship between the Federal Government and the States?

3.4 Assigned Videos-Cooperative Federalism-Supreme Court Cases

Each student is required to post a 200 word response to the question.

The student then must post at least a 100 word response to at lease two other student posts

Please review How to participate and answer a Discussion Question for specifics on how to post to this discussion to get full credit.