Chapter 3
Learning Target 3.3
Describe the emergence and decline of dual federalism

Dual federalism is the belief that having a separate, yet equally powerful levels of government is the best arrangement. Those who believe in this theory typically believe that the national government should not exceed its constitutionally enumerated powers. The competing national and state interests became troublesome when the justices were faced with the controversial topic of slavery. An example of a controversy is the Dred Scott v. Sanford (1857) case concluded that the U.S. Congress lacked the constitutional authority to bar slavery in territories. This decision narrowed the scope of national power, and enhanced the state's instead.

The political debate over the states rose further as the Supreme Court took on more cases, which made Congress use nullification, which is the right of a state to declare void a federal law. This will allow less criticism of the national government. The Civil War changed the way that federalism was viewed, due to the Confederation and aftermath. The states and national government began working on various projects to help re-build including railroads, banking, building, and ports. The movement of the Sixteenth and Seventeenth amendments were the main causes in making dual federalism decline. The 16th amendment stated that the Constitution authorized Congress to enact a national income tax. The revenues taken in by the federal government enhanced its power and ability to enter new policies. The 17th amendment, both ratified in 1913, made senators directly elected by the people, removing their selection from state legislatures. This made states loose their principle protectors in Congress.