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thesis
how collective action problems drive expansion of governmental power, specifically during periods of nationalization
roadmap
1) weakness of articles of confederation 2) increase in federal authority during industrial/post-industrial era
period 1: pro-constitution and ratification era, collective action problems
economic fragmentation, national defense and foreign policy weakness, domestic unrest
economic fragmentation
states impose tariffs on one another to harm interstate commerce, lack of national currency
national defense and foreign policy weakness
states don’t help with national defense, difficulty to enforce treaties/defend foreign threats
domestic unrest
shays rebellion highlighted weakness in federal authority
period 1: pro constitution and ratification era, constitutional solutions
strong executive/judiciary, commerce clause, supremacy clause
strong executive/judiciary
addressed enforcement and conflict interstate
commerce clause, taxing powers
congressional power to regulate interstate commerce and taxes
supremacy clause
federal law now trumps state law
period 2: late 19th-20th century nationalization, modern era collective action problems
industrialization/economic regulation, social welfare and great depression, civil rights
industrialization/economic regulation
major need for standardized labor, safety regulations, anti-trust enforcement (sherman anti-trust act)
social welfare and great depression
lack of relief, uneven distribution of social programs created disparities
civil rights
southern states didn’t protect civil rights, national action was required
period 2: 19th-20th century nationalization, institutional/policy responses
administrative growth, new deal programs, judicial support for federal expansion, civil rights
administrative growth
creation of federal agencies to enforce national policy
new deal programs
social security, unemployment, welfare
judicial support for federal expansion
supreme court now upholds broad interpretations of commerce clause
civil rights
civil rights protections are now federally enforced