THE NATURE AND SOURCES OF AMERICAN FEDERALISM

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THE NATURE AND SOURCES OF AMERICAN FEDERALISM

• UNIT 11

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Preview

• Federalism definition
• History
• Declaration of Independence and theory of social
  contract
• Virginia plan
• New Jersey plan
• Constitution
• Bill of Rights

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FEDERAL GOVERNMENT

• A union of states which delegates specific powers
  to central government
• Citizens - subject to two jurisdictions federal
  government and states.
• Federal powers war, monetary system, foreign
  relations

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THE BEGINNINGS

• - A hundred years after Columbuss first voyage,
  Sir Walter Raleigh claimed the whole of North
  America for England, calling it Virginia
• - Jamestown 1st settlement (1607)

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The Pilgrim Fathers

• The Pilgrim Fathers sailed in the Mayflower in
  1620
• founded Plymouth
• their society was to make real the ideals which
  had inspired them, as puritans, at home

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THE THIRTEEN COLONIES

• Virginia (1607)
• Massachusetts (1620)
• New Hampshire (1623)
• Maryland (1634)
• Conneticut (c. 1635)
• Rhode Island (1636)
• Delaware (1638)
• North Carolina (1653)
• South Carolina (1663)
• New Jersey (1664)
• New York (1664)
• Pennsylvania (1682)
• Georgia (1732)

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THE COLONIAL GOVERNMENT

• 1750 each colony - a separate entity, with its
  own governor and legislative assembly
• The lower house of each legislature elected by
  adult white men who were property owners
• The upper houses, or councils, and the governors
  chosen depending on the type of colony

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SELF GOVERNMENT

• Each colony had a representative assembly with
  authority to make laws covering most aspects of
  local life
• The right to tax, to appropriate money for public
  works and public officials and to regulate
  internal trade, religion and social behavior
• The British government responsible for external
  matters, e.g. foreign affairs and trade

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PRE-REVOLUTIONARY EVENTS

• 1770 BOSTON MASSACRE five members of rioting
  crowd killed by British soldiers sent to Boston
  to maintain order
• 1773 BOSTON TEA PARTY caused by tea tax. Group
  of colonists threw tea from three British ships
  into Boston harbour
• 1774 INTOLERABLE ACTS five laws adopted by
  Parliament limiting political freedom of colonists

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Boston Massacre (March 5, 1770)
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The Boston Massacre

• Presence of British troops in Boston -
  increasingly unwelcome
• Riot began when about 50 citizens attacked a
  British guard
• British officer, Captain Thomas Preston, called
  in additional soldiers, who were attackedthe
  soldiers fired into the mob, killing 3 on the
  spot and wounding 8 others, two of whom died
  later

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The Boston Tea Party (Dec. 16, 1773)

• A group of Massachusetts Patriots, protesting
  the monopoly on American tea importation recently
  granted by Parliament to the East India Company,
  seized 342 chests of tea in a midnight raid on
  three tea ships and threw them into the harbor

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The Boston Tea Party (Dec. 16, 1773)

• About midnight, watched by a large crowd, a group
  disguised as Mohawk Indians boarded the ships and
  threw away the tea

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The Boston Tea Party (Dec. 16, 1773)

• It took nearly three hours for more than 100
  colonists to empty the tea into Boston Harbor.
• The chests held more than 45 tons of tea, which
  would cost nearly 1,000,000 dollars today.

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The Boston Tea Party

• To Parliament, the Boston Tea Party confirmed
  Massachusetts's role as the core of resistance to
  British rule.
• The Coercive Acts (1774) -intended to punish the
  colony in general and Boston in particular, both
  for the Tea Party and for the pattern of
  resistance it exemplified.

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The Boston Port Act (March 30, 1774)

• A direct action against the city for the Boston
  tea party
• The port of Boston - closed to all shipping until
  full restitution was made to the East India
  Company and the King for the lost tea and taxes
• Bostonians argued that the act punished the
  entire city rather than the few who were
  responsible
• As supplies in the city dwindled, other colonies
  began sending relief to the blockaded city

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Massachusetts Government Act (May 20, 1774)

• Designed to increase royal control over the
  colony's administration
• Abrogating the colony's charter, the act
  stipulated that its executive council would no
  longer be democratically elected and its members
  would instead be appointed by the king

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The Administration of Justice Act (May 20, 1774)

• stated that royal officials could request a
  change of venue to another colony or Great
  Britain if charged with criminal acts in
  fulfilling their duties. allowed travel expenses
  to be paid to witnesses, but few colonists could
  afford to leave work to testify at a trial.

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The Administration of Justice Act (May 20, 1774)

• Many in the colonies felt it was unnecessary as
  British soldiers had received a fair trial after
  the Boston Massacre
• Dubbed the "Murder Act", it was felt that it
  allowed royal officials to act with impunity and
  then escape justice.

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Reaction to Intollerable Acts

• Purpose of the acts - to detach and isolate the
  radical element in Massachusetts from the rest of
  the colonies while asserting the power of
  Parliament over the colonial assemblies.
• The harshness of the acts prevented this outcome
  as many in the colonies rallied to
  Massachusettss aid

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Reaction to Intollerable Acts

• Seeing their charters and rights under threat,
  colonial leaders formed committees of
  correspondence to discuss the repercussions of
  the Intolerable Acts

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Reaction to Intollerable Acts

• Result convening the First Continental Congress
  at Philadelphia on Sept. 5
• Creating the Continental Association, the
  congress called for a boycott of all British
  goods.
• If the Intolerable Acts were not repealed within
  a year, the colonies agreed to halt exports to
  Britain as well as support Massachusetts if it
  was attacked.

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Reaction to Intollerable Acts

• Rather than exact punishment, North's legislation
  worked to pull the colonies together and pushed
  them down the road towards war.

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AMERICAN REVOLUTION (1775-1783)

• Struggle by which 13 colonies won independence
  from Great Britain
• In 1776 a Continental Congress appointed two
  committees one to draft the Declaration of
  Independence and the other to prepare a form of
  confederation among the colonies

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THE DECLARATION OF INDEPENDENCE (July 4, 1776)

• We hold these truths to be self-evident, that
  all men are created equal, that they are endowed
  by their Creator with certain inalienable Rights,
  that among these are Life, Liberty, and the
  Pursuit of Happiness.- That to secure these
  rights, Governments are instituted among men,
  deriving their just powers from the consent of
  the governed

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GRIEVANCES AGAINST THE KING

• He has kept among us, in times of peace, Standing
  Armies without the Consent of our legislatures
• He has combined with others to subject us to a
  jurisdiction foreign to our constitution, and
  unacknowledged by our laws

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GRIEVANCES AGAINST THE KING

• For cutting off our Trade with all parts of the
  world
• For imposing Taxes on us without our Consent
• For depriving us (...) of the benefits of Trial
  by Jury
• For transporting us beyond Seas to be tried for
  pretended offences

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Grievances against the King (cont.)

• For taking away our charters, abolishing our most
  valuable Laws, and altering fundamentally the
  Forms of our Governments
• For suspending our own Legislatures and declaring
  themselves invested with power to legislate for
  us in all cases whatsoever
• He has abdicated Government here, by declaring us
  out of his Protection and waging war against us
  (...)

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CONCLUSION

• We, therefore, the Representatives of the United
  States of America, in General Congress Assembled,
  appealing to the Supreme Judge of the world for
  the rectitude of our intentions, do, in the Name,
  and by Authority of the good people of these
  Colonies, solemnly publish and declare, that
  these United Colonies are, and of Right ought to
  be, Free and Independent States that they are
  Absolved from all Allegiance to the British
  Crown, and that all political connection between
  them and the State of Great Britain is and ought
  to be totally dissolved...

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THE CONTINENTAL CONGRESS

• Following the Declaration, the states joined
  together in a legislative assembly, the
  Continental Congress, in which each state had one
  vote
• Mediated disputes among the states, raised and
  maintained the army, secured loans from European
  bankers, made military and commercial alliances
• A temporary government without clearly defined
  powers
• To establish its authority, the Congress enacted
  the Articles of Confederation in 1777

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ARTICLES OF CONFEDERATIONPassed Nov. 15, 1777.
Ratified, March 1, 1781

• Article I. The Style of this confederacy shall be
  The United States of America
• Article II. Each state retains its sovereignty,
  freedom and independence, and every power,
  jurisdiction and right, which is not by this
  Confederation expressly delegated to the United
  States, in Congress assembled.

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Article III.

• The said States hereby severally enter into a
  firm league of friendship with each other, for
  their common defence, the securtiy of their
  liberties, and their mutual and general welfare,
  binding themselves to assist each other, against
  all force offered to, or attacks made upon them,
  or any of them, on account of religion,
  sovereignty, trade, or any other pretence
  whatever.

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CONFEDERATION

• The Articles proposed a loose confederation in
  which each state kept its sovereign independence
  and control over all its internal affairs.
• Certain powers, primarily relating to diplomacy
  and defense, were delegated to the Confederation
  Congress.

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CONFEDERATION CONGRESS

• One-house Congress in which each state had one
  vote, regardless of population or wealth
• The Congress had military and diplomatic powers,
  but no authority to regulate commerce or to levy
  taxes
• There was no governor or chief executive and no
  system of courts

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THE CONSTITUTIONAL CONVENTIONPhiladelphia,
May-Sept. 1787

• 55 delegates, including George Washington, James
  Madison and Benjamin Franklin
• Conflicts over how the people were to be
  represented in Congress, what to do about
  slavery, the powers of the president and the
  powers and functions of federal courts

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VIRGINIA PLAN

• Edmund Randolph proposed that members of both
  houses of Congress be apportioned according to
  the population of each state since the
  population in three states alone - Virginia,
  Pennsylvania, and Massachussetts - made up nearly
  half the country, the plan would have given these
  states control of the nation
• In favor of a strong central government

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NEW JERSEY PLAN

• William Pattersons plan favored small states,
  giving all states equal representation in a
  one-chamber Congress regardless of population.
• The more numerous small states could unify
  against the larger ones

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THE GREAT COMPROMISE(OR THE CONNETICUT COMPROMISE

• Roger Sherman Let the states have it both ways.
  Give the states an equal voice in the upper
  house, the Senate, and representation apportioned
  by population in the lower house, the House of
  Representatives

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SLAVERY

• The dispute over how to assign House seats to
  Southern states
• If seats were apportioned according to state
  populations that included slaves, Southern states
  would gain an advantage
• Northern states pushed to exclude slaves from the
  population calculations
• Southern states resisted, thereatening to scuttle
  the Constitution

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Slavery

• Northern abolitionists agreed to the infamous
  clause in Article I that counted slaves as only
  three-fifths of a person and that barred Congress
  from ending the slave trade before 1808
• The settlement over slavery led the convention to
  accept the Great Compromise

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Article I, Section 3.

• Representatives shall be apportioned among the
  several states which may be included within this
  union, according to their respective numbers,
  /which shall be determined by adding to the whole
  number of free persons, including those bound to
  service for a term of years, and excluding
  Indians not taxed, three fifths of all other
  persons/

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THE CONSITITUTION OF THE UNITED STATES (1788)

• Spells out in seven articles the powers of the
  federal government and the states
• Prevents abuses of authority through the
  separation of powers

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The Constitution

• Legislative power the Congress
• Executive power the president
• Judicial power the Supreme Court of the United
  States and other federal courts

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Checks and balances

• System of checks and balances none of the
  branches of government can dominate the others

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THE SUPREME LAW

• The Constitution is the supreme law states
  cannot make laws that conflict with federal laws
• Guarantees to the people certain civil liberties
  and civil rights spelled out in the Bill of Rights

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THE BILL OF RIGHTS(1791)

• First ten amendments
• Safeguards freedom of speech, freedom of the
  press and freedom of religion
• A fair, open and speedy trial for people accused
  of crimes
• Prohibits cruel and unusual punishments
• Protection against tyrannical government

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ARTICLE I

• All legislative Powers shall be vested in a
  Congress of the United States, which shall
  consist of a Senate and House of Representatives
• The House of Representatives shall be composed of
  members chosen every second year by the People of
  the several States
• The House of Representatives shall choose their
  speaker and other officers and shall have the
  sole Power of Impeachment

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Article I

• The Senate of the US shall be composed of two
  Senators from each State, chosen by the
  Legislature thereof, for six years
• The Vice President of the US shall be President
  of the Senate
• The Senate shall have the sole power to try all
  impeachments. When the President of the US is
  tried, the Chief Justice shall preside And no
  person shall be convicted without the concurrence
  of two-thirds of the members present

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THE LAW-MAKING PROCEDURE (ARTICLE I)

• Every bill which shall have passed the House of
  Representatives and the Senate, shall, before it
  becomes a law, be presented to the President of
  the United States if he approve he shall sign
  it, but if not, if approved by two thirds of that
  House, it shall become a law

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ARTICLE II

• The executive power shall be vested in a
  President of the United States of America. He
  shall hold his office during the term of four
  years, and, together with the Vice President,
  chosen for the same term, be elected
• The President shall be commander in chief of the
  army and navy of the United States

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The President

• He shall have power, by and with the advice and
  consent of the Senate, to make treaties, provided
  two-thirds of the Senators present concur and he
  shall nominate, with the advice and consent of
  the Senate (...) ambassadors, other public
  ministers and consuls, judges of the Supreme
  Court and all other officers of the United
  States, whose appointments are not herein
  otherwise provided for

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ARTICLE III

• The judicial power of the United States, shall be
  vested in one supreme Court, and in such inferior
  courts as the Congress may (...) ordain and
  establish. The judges, both of the supreme and
  inferior courts, shall hold their offices during
  good behaviour

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Article III

• The trial of all crimes, except in cases of
  impeachment, shall be by jury and such trial
  shall be held in the state where the said crime
  shall have been committed (...)

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1st AMENDMENT (1791)

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances

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5th AMENDMENT (1791)

• No person shall be...deprived of life, liberty,
  or property, without due process of law nor
  shall private property be taken for public use
  without just compensation

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6th AMENDMENT

• In all criminal prosecutions, the accused shall
  enjoy the right to a speedy and public trial, by
  an impartial jury of the State and district
  wherein the crime shall have been committed,
  which district shall have been previously
  ascertained by law, and to be informed of the
  nature and cause of the accusation to be
  confronted with the witnesses against him to
  have compulsory process for obtaining witnesses
  in his favor, and to have the assistance of
  Counsel for his defence.

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10th AMENDMENT (1791)

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people

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AMENDMENT 15(Ratified Feb. 3, 1870)

• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any State on account of race,
  color or previous condition of servitude
• The Congress shall have power to enforce this
  article by appropriate legislation

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19th AMENDMENT (Ratified August 18, 1920)

• The right of citizens of the United States to
  vote shall not be denied or abridged by the
  United States or by any other State on account of
  sex
• Congress shall have power to enforce this article
  by appropriate legislation

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SUMMARY

• Social contract and natural rights as the basis
  of democracy
• Separation of powers legislative (the Congress),
  executive (the President) and judicial (The
  Supreme Court of the U.S., federal courts) the
  system of checks and balances
• National powers foreign relations, the power to
  declare war and make treaties, a uniform monetary
  system
• State powers any powers not delegated to the
  federal government
• Concurrent powers levying taxes and regulating
  commerce

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Put the verbs in brackets into appropriate forms

• The Constitution _____(set up) a system of
  federalism, a dual system of government whereby
  powers _____(divide, passive) between the state
  governments and the central, also _____(know) as
  the national or federal, government.

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Key

• The Constitution set up a system of federalism, a
  dual system of government whereby powers are
  divided between the state governments and the
  central (also known as the national or federal)
  government.

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Fill in the missing words Constitution,
delegated, federal, granted

• The Constitution limits the ____government
  to____, or enumerated, powers. These are powers
  specifically listed in the____ as being _____to
  the federal government.

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Key

• The Constitution limits the federal government to
  delegated, or enumerated, powers. These are
  powers specifically listed in the Constitution as
  being granted to the federal government.

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Concurrent, exercised, federal, reserved, states

• Powers not given to the ___ government and not
  denied to the states are reserved to the ____or
  to the people. These are called____, or residual,
  powers. Certain powers, called ____powers, may be
  ____by both the federal government and state
  governments

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Key

• Powers not given to the federal government and
  not denied to the states are reserved to the
  states or to the people. These are called
  reserved, or residual, powers. Certain powers,
  called concurrent powers, may be exercised by
  both the federal government and state
  governments.

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Fill in the missing words citizen, resides,
supreme, system

• Under the federal ____ each government is _____
  within its own sphere. Every American is both
  a___ of the United States and of the state in
  which the citizen _____.

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Key

• Under the federal system each government is
  supreme within its own sphere. Every American is
  a citizen both of the United States and of the
  state in which the citizen resides.

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• Powers not given to the federal government and
  not denied to the states are reserved to the
  states or to the people. These are called
  reserved, or residual, powers. Certain powers,
  called concurrent powers, may be exercised by
  both the federal government and state governments.

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