1787-1836
Increased nationalism. Articles of Confederation prove inadequate, creating the movement for a stronger national government. Under a new constitution, Chief Justice John Marshall and the U.S. Supreme Court broadly define national powers, although many states resist this trend.
1787
U.S. federal system of government devised. The delegates to
the constitutional convention create a new plan for government under which power
is to be shared between a national government and the state governments.
1788
U.S. Constitution takes effect. New constitution is ratified by conventions in nine of the 13 original states. The new federal government begins operations the following year.
1791
Bill of Rights added to the Constitution.The
Tenth Amendment, part of the Bill of Rights, specifically addresses the
question of powers reserved to the states.
1798
Kentucky and Virginia Resolutions passed. James Madison and
Thomas Jefferson ghost-write these pieces
of state legislation, which argue that the states have the right to void
federal legislation they judge to be unconstitutional. Madison and Jefferson
are responding particularly to the Sedition Act of 1798, a federal law that
made it a crime to criticize the government of the United States.
1814
Hartford Convention. Delegates from the New England states
meet in Hartford, Connecticut, where they threaten to secede from the Union
over the issue of the national tariff and the ongoing war with Great Britain.
1819
U.S. Supreme Court rules in McCulloch v. Maryland. Chief Justice John Marshall writes opinion establishing that the powers of the United States are not limited to those expressly in the Constitution, thus expanding the power of the national government.
1824
U.S. Supreme Court rules in Gibbons v. Ogden. In another important
opinion, Chief Justice Marshall broadly defines the national government's power
to regulate commerce, consequently restricting the power of the states.
1820s
Theory of nullification gains ground. Picking up on the arguments
contained in the Virginia and Kentucky Resolutions, advocates of nullification
describe the Union as a compact among sovereign states, and not a government
of the people. They declare that the states have the ultimate authority in deciding
whether the federal government has exceeded its powers.
1830-1860
Increased sectionalism. Regional interests are put ahead of national interests as the northern and southern states begin their political and economic arguments over slavery, tariffs, and other issues. The country begins its drift toward civil war.
1831
Fort Hill Address. States' rights advocate John C. Calhoun
advocates theory of nullification by citing Madison's language from the Virginia
Resolution. The following year, the South Carolina legislature adopts an Ordinance
of Nullification, declaring two hated federal tariffs null and void, and threatening
to secede if the federal government attempts to collect the tariffs by force.
In response, President Andrew Jackson issues the "Proclamation to the People
of South Carolina," warning that such action would constitute treason against
the United States.
1836-1860
Supreme Court adopts theory of "dual sovereignty." Under Chief
Justice Roger Taney, the Court comes to view the federal and state governments
as equals; their interests and "sovereignties" should be weighed against each
other.
1861-1865
American Civil War. The northern states' victory determines that the federal government is not a compact among sovereign states. Rather, its authority flows directly from the people. However, the war does not resolve the conflict between federal and states' rights.
1880s
Revival of dual sovereignty. U.S. Supreme Court increasingly rules against federal authority and in favor of states' rights, particularly in cases where the federal government attempts to regulate business practices.
1933-1939
Roosevelt administration introduces "New Deal." The president
expands federal authority to regulate the economy and provide social services,
based on the federal government's constitutional right to regulate interstate
commerce (Article I, section 8, paragraph 3). Although the Supreme Court initially
declared Roosevelt's legislation unconstitutional, the Court reversed its position
in the late 1930s.
1950s and 1960s
Revival of theory of nullification. In response to the Supreme
Court's ruling in Brown v. Board of Education (1954), southern states decry
what they see as the federal government's intrusion on traditional state government
rights.
1956
Alabama passes nullification resolution. The state legislature
asserts the state's right to "interpose its sovereignty" against the U.S. Supreme
Court's Brown decision.
1957
Federal troops used to ensure school desegregation. President
Dwight D. Eisenhower orders federal troops to protect nine black students as
they enroll at Central High School in Little Rock, Arkansas. The governor, Orval
Faubus, had earlier ordered the state's National Guard to prevent the students
from enrolling. In later years, President John F. Kennedy will use federal authority
to enforce desegregation orders in Mississippi and Alabama.
1960s
Johnson administration introduces "Great Society." The administration's social and economic programs, combined with the powers granted in newly enacted civil rights legislation, lead to increased federal oversight of state and local government.
1970s
Nixon administration builds on Great Society. New federal programs
continue the expansion of federal power over states and localities. However,
these programs are funded through federal "block grants" to the states, giving
the states more discretion over spending.
1980s
Reagan administration moves to define a "New Federalism." The
administration moves to limit the power of the federal government to impose
its policies on state and local governments.
1990s
Debate over federal-state power sharing continues. U.S. Congress
enacts legislation shifting authority and control of social, education, and
economic policy to the states.
1995
Republican Congress pursues "devolution revolution." A new
Republican majority in Congress moves to hand day-to-day control of many federal
programs to the states. Most important, Congress gives new authority to state
governments to overhaul federally mandated programs, most notably welfare. New
welfare policies use block grants to give states more discretion over spending.
Congress also adopts a law compelling the federal government to pay states for
the enforcement of any new federal policies or mandates. In addition, budget
considerations work to limit the growth of federal programs and initiatives
affecting state and local government.