Comparison of Dual vs. Cooperative Federalism

Dual federalism is a system in which the powers of both the federal government and state governments are separated. Each unit is independent of the other. The states can exercise their powers without have the federal government interfere. Cooperative federalism is a system where the federal and state governments work together, but the national government has supreme power.

An event that played a major role in the shift between dual and cooperative federalism is the Supreme Court case Gibbons v. Ogden. In this case, the Supreme Court ruled that Congress ultimately had the right to regulate commerce under the Commerce Clause.

Another major event took place in South Carolina in 1832. South Carolina believed that the 1828 (Tariff of Abominations) and 1832 tariffs were harming southern interests unfairly, so they passed a law that declared the tariffs null and void, since the former led to the rise of taxes on materials this region was not able to produce and because it meant it became more difficult for the British to buy cotton, and the latter did not do much to pacify the anger of the southerners.

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This became what is known as the Nullification Crisis. On November 24, 1832, North Carolina created the Ordinance of Nullification, which declared the Tariffs of 1828 and 1832 null and void. It also threatened succession if the national government tried to forcely collect tariffs. President Jackson asserted the supremacy of the federal government in DEcember of 1832, and warned South Carolina that they might be met with military force. Congress passed the Force Bill in MArch of 1833, which allowed Jackson to use military force to collect taxes, and a compromise tariff that would reduce the tariffs that South Carolina was protesting against.

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South Carolina took back the Ordinance of Nullification bt also nullified the Force Bill.

In the Supreme Court case Wickard v. Filburn, the Supreme Court stated that Congress has the power to regulate any kind of activity that may affect national markets, so Roscoe Filburn’s overproduction of wheat fell within the scope of what Congress can regulate. This case helped increase the regulatory power that the federal government has.

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Comparison of Dual vs. Cooperative Federalism. (2021, Feb 26). Retrieved from https://studymoose.com/comparison-of-dual-vs-cooperative-federalism-essay

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