Dual federalism
From Wikipedia, the free encyclopedia
Dual federalism is the belief that having separate but equal branches of government is the best option. This form of government works on the principle that the national and state governments are split into their own spheres, and each is supreme in its respective sphere. Specifically, dual federalism discusses the relationship between the national government and the states' governments. According to this theory, there are certain limits placed on the federal government. These limits are:
a. National government rules by enumerated powers only
b. National government has a limited set of constitutional purposes
c. Each governmental unit—state and federal—is sovereign within its sphere of operations
d. Relationship between nation and states is best summed up as tension rather than cooperation
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[edit] United States
It is the tension that arises from the needs of the individual states and the federal government that generates much of the laws of the United States. This tension is the result of the premise that neither the state government nor the national government is supposed to be over the other; they are equal partners, in theory, in governing the fifty republics (such as the Republic of California) or states that make up the United States.
[edit] Taney Court
This doctrine articulated by the Taney Court that tended to limit the national government's authority in certain areas such as slavery and civil rights.
[edit] Impact
This was the norm in relations between the national and state governments.
[edit] Departure from this view
However, the departure from this view became evident with the ratification of the Sixteenth Amendment to the United States Constitution (income tax) as well as the Seventeenth Amendment to the United States Constitution (direct election of federal Senators).
