American Issues Connector: Federal Power and States’ Rights

The exhaust fumes from a car.

Exhaust and waste gases from cars are just one of the many issues in the center of the continuing national debate about the environment.

TRACK THE ISSUE

How much power should the federal government have?

Under the Constitution, all powers not granted to the federal government belong to the states. Over time, however, the federal government has expanded its scope, especially in the area of social programs. Use the timeline below to explore this enduring issue.

  • 1791 Bill of Rights

    Tenth Amendment reserves most powers to the states.

  • 1798 Kentucky and Virginia Resolutions

    States argue that they can void federal legislation.

  • 1831 Nullification Crisis

    John C. Calhoun declares that states may overturn federal laws.

  • 1857 Dred Scott v. Sandford

    Supreme Court rules that federal government does not have power to outlaw slavery within territories.

  • 1930s New Deal

    Government expands power over economy and social services.

  • 1965 Voting Rights Act

    Law allows federal officers to register voters.

A portrait of Dred Scott.

Dred Scott

DEBATE THE ISSUE

The Environment and States’ Rights Since 1967, the Environmental Protection Agency (EPA) allowed California to make its own emissions rules. California is exempt from the Clean Air Acts as long as its rules are stricter than those of the Federal Government and it obtains a waiver from the federal government. In November 2007, Governor Arnold Schwarzenegger sued the Federal Government because the EPA denied California a waiver.

“The authority of the States to address greenhouse gas emissions from motor vehicles has been supported—by the Supreme Court [and] by a federal court here in California. On this issue, the … EPA … has failed to follow the States’ lead … we are prepared to force it out of the way … to protect the environment.”

—Governor Arnold Schwarzenegger, April 2, 2008

“I believe that Congress by passing a … federal standard of 35 mpg (miles per gallon) delivers significant reductions that are more effective than a state-by-state approach. This applies to all 50 states…. and that’s great for the economy, for national security, and for the environment.”

—Stephen L. Johnson, EPA Administrator

TRANSFER Activities

  1. Compare Why does Governor Schwarzenegger feel California should oppose the federal government? Why does Stephen Johnson disagree?
  2. Analyze Should a state have the right to determine its own environmental standards?
  3. Transfer Use the following Web site to see a video, try a WebQuest, and write in your journal. Web Code: neh-7002

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Table of Contents

Prentice Hall: United States History CHAPTER 1 Many Cultures Meet (Prehistory–1550) CHAPTER 2 Europeans Establish Colonies (1492–1752) CHAPTER 3 The American Colonies Take Shape (1607–1765) CHAPTER 4 The American Revolution (1765–1783) CHAPTER 5 Creating the Constitution (1781–1789) CHAPTER 6 The New Republic (1789–1816) CHAPTER 7 Nationalism and Sectionalism (1812–1855) CHAPTER 8 Religion and Reform (1812–1860) CHAPTER 9 Manifest Destiny (1800–1850) CHAPTER 10 The Union in Crisis (1846–1861) CHAPTER 11 The Civil War (1861–1865) CHAPTER 12 The Reconstruction Era (1865–1877) CHAPTER 13 The Triumph of Industry (1865–1914) CHAPTER 14 Immigration and Urbanization (1865–1914) CHAPTER 15 The South and West Transformed (1865–1900) CHAPTER 16 Issues of the Gilded Age (1877–1900) CHAPTER 17 The Progressive Era (1890–1920) CHAPTER 18 An Emerging World Power (1890–1917) CHAPTER 19 World War I and Beyond (1914–1920) CHAPTER 20 The Twenties (1919–1929) CHAPTER 21 The Great Depression (1928–1932) CHAPTER 22 The New Deal (1932–1941) CHAPTER 23 The Coming of War (1931–1942) CHAPTER 24 World War II (1941–1945) CHAPTER 25 The Cold War (1945–1960) CHAPTER 26 Postwar Confidence and Anxiety (1945–1960) CHAPTER 27 The Civil Rights Movement (1945–1975) CHAPTER 28 The Kennedy and Johnson Years (1960–1968) CHAPTER 29 The Vietnam War Era (1954–1975) CHAPTER 30 An Era of Protest and Change (1960–1980) CHAPTER 31 A Crisis in Confidence (1968–1980) CHAPTER 32 The Conservative Resurgence (1980–1993) CHAPTER 33 Into a New Century (1992–Today) Reflections: Enduring Issues Five Themes of Geography Profile of the Fifty States Atlas Presidents of the United States Economics Handbook Landmark Decisions of the Supreme Court Documents of Our Nation English and Spanish Glossary Index Acknowledgments