Starting in the Great Depression
Continued through WWII
Ending in the 60’s around the time that the
Civil Rights movement really began to pick up
Cause of the Shift
Why Dual Federalism ended?
Great Depression occurred and faith in the federal
The New Deal Programs marked the beginning of
These programs made every level of government work
cooperatively with each other.
Much federal government action to try to find solutions to
the Great Depression, that affected the states.
Increase in power of the federal government.
Difference from Previous Era
The previous era relied on dual federalism
which keeps the state and federal powers
separate while cooperative federalism relies
on the state, federal, and local powers being
Federalism went from asking the question
“How much power should the national
government have?” to “How much say in the
policies of the states can the national
State and National Government
In cooperative federalism the state, local and,
federal government work together (cooperatively,
including cities) in making and changing policies to
Federal government however did expand their power.
1942 – During WWII the federal government had a greater
involvement by the creation of new programs. Federal
money helped states with public work programs.
1950-60’s – Grant in aid programs were created by the
In both of these examples the government created
programs and the states were involved, because the
federal government gave them financial incentives.
Franklin D. Roosevelt
Led the New Deal programs using the full power
of the office of the president as will as his highly
effective communication skills
Lyndon B. Johnson
Launched “Great Society” program, which
included what he called a “War on Poverty” in an
attempt to combat poverty and discrimination.
(Used grants to get state cooperation)
Catalyst for Cooperative Federalism.
National Labor Relegations Act of 1935
Authorized collective bargaining between unions and
Fair Labor Standards Act of 1938
Prohibited the interstate shipment of goods made by
employees earning less than the federally mandated
Agricultural Adjustment Act of 1938
Provided subsidies to farmers
Even more federal programs were introduced.
Important Programs of the New Deal
Reason for Programs
Increase confidence in the federal government.
National Recovery Administration (NRA)
Production restraints in agriculture and industry.
Civilian Conservation Corps (CCC)
Federal work relief program
Federal Housing Administration (FHA)
Federal money to help pay for new home construction.
Aid to Families with Dependent Children (AFDC)
Federal grant-in-aid program that gave money to low income families
Effect of Agencies
Increase in scope of the national government.
Challenge of the New Deal Programs’ constitutionality by courts.
Federal Government gave funds to States
Started with Morrill Land Grant of 1862
Gave states land to start colleges.
Most programs that used funds from the
federal government were categorical grants
(Congress could allocate funds).
National government pays and state government
Supreme Court Rulings
NLRB v. Jones and Laughlin Steel Co. (1937)
Declared that the National Labor Relations
Act of 1935 (Wagner Act) was constitutional. It
effectively ended the Court's striking down of New
Deal economic legislation, and greatly
increased Congress's power under the Commerce
With the Commerce Clause it was concluded that
Congress had the authority to legislate in any area
so long as what was regulated affected commerce
in any way.
Relation to the Tenth Amendment
Weakens the 10th Amendment
Cooperative federalism challenges the Elastic
The State and Federal Powers overlap like a
marble cake where the two flavors of cake
represent the two different levels of
government, because they are swirled
together and overlap.