Dual Federalism In The United States

Federalism in the United States has had several different concepts throughout our history. Dual federalism ran until around the Great Depression of the 1930s. Dual federalism has very distinct and rather clear lines of power for the national government as well as the state or local level of government. At times, it is referred to as “layered cake”. The national level very distinct and rule over much smaller, local, or state governments. There is a balance of power between the two, each maintains sovereignty that should not impact the other. Both national and state should work together, but still question the other to operate effetely. Dual federalism for This Nation seemed to cause more tension between the national and state levels than anything else. McCulloch v. Maryland is an early example of dual federalism. When the state of Maryland argues that the U.S. Constitution did not give the national government the power to make a National Bank since it was not an enumerated power and was unconstitutional. However, the court concluded that the Constitution is the supreme law of the land and that if the end goal is legitimate than what the national government is trying to do is constitutional.
Dual being the layered cake has a more defined and conclusive separation of government, that at times works, but mainly causes tension between the two because of a lack of trust to run efficiently. The tenth amendment reserved the state’s powers that aren’t assigned to the national they also don’t see the flexibility in the elastic clause. Cooperative being the marble cake is just that there isn’t a line the two move in and out of the other. They insist on very little sovereignty that both the national and state levels of government are for the greater good of the people. There isn’t a limit on the power that congresses possess and as long as it benefits the people it can override a state’s policy or