U.S. federal government expansion of authority from Civil War to Civil Rights Era

Federal Government Expansion

Throughout American history the size and power of the federal government has been continually debated. This is because there are concerns that if it becomes too big it could have an impact on the scope of authority reserved for the states and stifle civil liberties. However, despite these worries the federal government has continued to expand its power. To fully understand what is happening requires focusing on four events from the Civil War to the Civil Rights era that highlight these changes. This will be accomplished by focusing on how these developments affected the political, social and economic landscape. Together, these elements will illustrate the way these transformations occurred during this time frame.

The Fourteenth Amendment

The Fourteenth Amendment to the U.S. Constitution was ratified in 1868. This basically negated the Supreme Court's Dred Scott v. Stanford decision in 1857. As they stated that African-Americans are not U.S. citizens and never will be. The way that this was decision was overturned, is to have series of clauses that forced the local, states and federal governments to follow a number of provisions to include: citizenship, due process of law along with equal protection. Under the citizenship provision all African-Americans and others were included in this definition. The due process clause stated that all governments could not deprive someone of life, liberty or property without following the basic provisions in the Bill of Rights. The equal protection section requires that states and local governments provide safeguards to ensure the safety of everyone within its jurisdiction. These different areas transformed the political structure by making the federal government the highest authority when it comes to these issues. Socially, these provisions were used in the future (i.e. Brown v. The Board of Education) to demonstrate how select practices are unconstitutional. From an economic standpoint, this increased the opportunities given to minorities by providing them with same protections as everyone else. This transformed the way that the federal government would enforce these provisions and interpret the way the Bill of Rights was applied to all U.S. citizens. ("The Fourteenth Amendment," 2012) (Kelly, 2012)

The Sherman Anti-Trust Act

The Sherman Anti-Trust Act was passed in 1890. It set limits on the size and activities that private businesses can become involved in. Moreover, it gave the federal government the power to investigate and break up trusts / monopolies. Politically, this allowed the federal government to play a larger role in private business transactions and the assets they owned. Socially, this ensured that Washington would play an important part in protecting consumers against unfair trade practices. Economically, this meant that the federal government could investigate areas that would have an impact on prices and competition inside the marketplace. This transformed America, by giving Washington the power to intervene in the free markets through directly limiting the size of firms. ("The Sherman Anti-Trust Act," 2004)

The New Deal

The New Deal was passed in 1993. It dramatically increased the size of the federal government by focusing on a number of areas including: the regulation of the public securities markets, banks, it established Social Security, provided universal labor standards, set minimum wages, increased spending on infrastructure and offered direct support to agriculture. Politically, this allowed Washington to dictate to the states and local governments the types of protections as well as programs that are offered to everyone. Socially, this changed the country by providing ordinary citizens with some kind of safety net. Economically, these programs involved the federal government in areas that were once reserved exclusively for the private sector or states. This is important, as it would expand the role of Washington in everyday activities. ("What is the New Deal," 2008) ("The New Deal," 2012)

The Civil Rights Act of 1964

The Civil Rights Act of 1964 prohibited discrimination against African-Americans, other minorities and women in: housing, employment, education as well as voting. Politically, this allowed the federal government to impose harsh penalties against the states and local communities that supported discriminatory practices. Socially, this forced the nation to reexamine racial and gender attitudes by creating change in the beliefs that were embraced by society. Economically, the law allowed the federal government to go after all businesses, governments or educational institutions that are involved in any form of discrimination. These elements expanded the powers of the federal government in dealing with inequalities that exist. ("The Civil Rights Act of 1964," 2012)