AMERICAN FEDERALISM UNIT 11 Preview n n n

AMERICAN FEDERALISM UNIT 11

Preview n n n n n Types of government: unitary, federal, confederal Federalism: definition American History: Colonial period Pre-revolutionary events (1770 -1774) American War of Independence (1775 -1783) Declaration of Independence (1776) Confederation (1781 -1789), Constitution of the United States (1787) Federation (1789 -)

Unitary (blue) vs. Federal states (green)

Unitary state n n A state governed as a single power in which the central government is ultimately supreme and any administrative divisions (sub-national units) exercise only the powers that the central government chooses to delegate. Most states in the world have a unitary system of government. Of the 193 UN member states, 165 are governed as unitary states.

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

CONFEDERATION n n n A union of sovereign states, united for purposes of common action often in relation to other states. Usually created by a treaty, confederations tend to be established for dealing with issues such as defence, foreign relations, internal trade or currency, with the general government being required to provide support for all its members. Confederalism - a main form of intergovernmentalism, defined as ‘any form of interaction between states which takes place on the basis of sovereign independence’

Confederal – unitary systems n n n In a confederal system, power is extremely diffuse - there is little central political control In a federal system, the central (or federal) government has much more authority than in a confederal system. In a unitary government, power is almost entirely centralized in a national government.

US history: the colonial period - A hundred years after Columbus’s first voyage, Sir Walter Raleigh claimed the whole of North America for England, calling it Virginia - Jamestown: 1 st settlement (1607)

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

THE THIRTEEN COLONIES n n n n 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)

THE COLONIAL GOVERNMENT n n n 1750’s 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

COLONIES: SELF GOVERNMENT n n n 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 to regulate internal trade, religion and social behavior The British government responsible for external matters, e. g. foreign affairs and trade

PRE-REVOLUTIONARY EVENTS n n n 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

Boston Massacre (March 5, 1770)

The Boston Massacre n n n 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 attacked; the soldiers fired into the mob, killing 3 on the spot and wounding 8 others, two of whom died later

The Boston Tea Party (Dec. 16, 1773)

The Boston Tea Party (Dec. 16, 1773) n 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

The Boston Tea Party (Dec. 16, 1773) n n n About midnight, watched by a large crowd, a group disguised as Mohawk Indians boarded the ships and threw away the tea It took nearly 3 hours for more than 100 colonists to empty the tea into Boston Harbor. more than 45 tons of tea, which would cost nearly $1, 000 dollars today

The Coercive (or Intollerable) Acts (1774) To Parliament, the Boston Tea Party confirmed Massachusetts's role as the core of resistance to British rule. n 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. n

Intollerable Acts (1774) The Boston Port Act n Massachusetts Government Act n The Administration of Justice Act n

The Boston Port Act (March 30, 1774) n n 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

Massachusetts Government Act (May 20, 1774) Designed to increase royal control over the colony's administration n 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 n

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. n allowed travel expenses to be paid to witnesses, but few colonists could afford to leave work to testify at a trial. n

The Administration of Justice Act (May 20, 1774) Many in the colonies felt this was unnecessary as British soldiers had received a fair trial after the Boston Massacre n Dubbed the "Murder Act", it was felt that it allowed royal officials to act with impunity and then escape justice. n

Reaction to Intollerable Acts n n 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 colonies rallied to Massachusetts’s aid

Reaction to Intollerable Acts n Seeing their charters and rights under threat, colonial leaders formed committees to discuss the repercussions of the Intolerable Acts

Reaction to Intollerable Acts n n n Result: convening the First Continental Congress at Philadelphia on Sept. 5, 1774 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.

Reaction to Intollerable Acts n Rather than exact punishment, the legislation worked to pull the colonies together and pushed them down the road towards war.

AMERICAN REVOLUTION (1775 -1783) Struggle by which 13 colonies won independence from Great Britain n 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 n

THE DECLARATION OF INDEPENDENCE (July 4, 1776) n “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”

Natural vs. Legal rights n n Legal rights - bestowed by a given legal system (i. e. , rights that can be modified, repealed, and restrained by laws). Natural rights - not dependent on the laws or customs of any particular culture or government, and therefore universal and inalienable (i. e. , rights that cannot be repealed or restrained by laws).

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

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

Grievances against the King (cont. ) n n n 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 (. . . )

CONCLUSION n “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. . . ”

Theory of social contract n n n Individuals have consented, either explicitly or implicitly, to surrender some of their freedoms and submit to the authority of the ruler or (or to the decision of a majority), in exchange for protection of their remaining rights The relation between natural and legal rights - an aspect of social contract theory. The term takes its name from The Social Contract (1762) by Jean-Jacques Rousseau

Thomas Hobbes (1588 – 1679) n n in the „state of nature", human life would be "solitary, poor, nasty, brutish and short". In the absence of political order and law, everyone would have unlimited natural freedoms, including the freedom to plunder, rape, and murder; an endless "war of all against all„ To avoid this, free men contract with each other to establish political community i. e. civil society through a social contract in which they all gain security in return for subjecting themselves to an absolute Sovereign, one man or an assembly of men. Though the Sovereign's edicts may be arbitrary and tyrannical, Hobbes saw absolute government as the only alternative to the terrifying anarchy of a state of nature. Hobbes asserted that humans consent to abdicate their rights in favor of the absolute authority of government (whether monarchial or parliamentary).

John Locke (1632 -1704), Jean Jacques Rousseau (17121778) n n argued that we gain certain civil rights in return for accepting the obligation to respect and defend the rights of others, giving up some freedoms to do so. The central assertion: that law and political order are not natural, but are instead human creations. The social contract and the political order it creates are simply the means towards an end—the benefit of the individuals involved—and legitimate only to the extent that they fulfill their part of the agreement. when the government fails to secure their natural rights (Locke) or satisfy the best interests of society (called the "general will" in Rousseau), citizens can withdraw their obligation to obey or change the leadership, through elections or other means including, when necessary, violence

THE CONTINENTAL CONGRESS n n Following the Declaration of Independence, 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

ARTICLES OF CONFEDERATION Passed Nov. 15, 1777. Ratified, March 1, 1781 n n 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.

Article III. n 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.

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

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

THE CONSTITUTIONAL CONVENTION Philadelphia, May-Sept. 1787 n n 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

VIRGINIA PLAN n n 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

NEW JERSEY PLAN William Patterson’s plan favored small states, giving all states equal representation in a one-chamber Congress regardless of population. n The more numerous small states could unify against the larger ones n

THE GREAT COMPROMISE (OR THE CONNETICUT COMPROMISE n 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

SLAVERY n n 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

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 n The settlement over slavery led the convention to accept the Great Compromise n

Article I, Section 3. n 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/

THE CONSTITUTION OF THE UNITED STATES Spells out in seven articles the powers of the federal government and the states n Prevents abuses of authority through the separation of powers n

The Constitution Legislative power: the Congress n Executive power: the president n Judicial power: the Supreme Court of the United States and other federal courts n

The United States Constitution n n written in 1787 and it came into force in 1789. It established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens.

The Constitution n The Constitution - directed towards limiting the powers of government, particularly the federal government, rather than enhancing them. Two important principles: federalism and separation of powers. The Constitution - still in force, and there have been a total of 27 constitutional amendments.

Allocation of powers n n Federalism - limit to governmental power by fragmenting it: law-making authority divided between the national and state governments. State governments - plenary power; the federal government - only the powers enumerated in the Constitution.

Checks and balances n System of checks and balances: none of the branches of government can dominate the others

The Tenth Amendment n "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“.

The Tenth Amendment n n n Each state has essentially unlimited authority except for the powers delegated to the federal government Each state has its own government. Powers which are shared by both levels of government - concurrent powers.

American federalism n n Federalism is a system of government in which power is divided between a national (federal) government and state governments. It is a basic concept of American government, in which the states are not merely regional representatives of the federal government, but are granted independent powers and responsibilities

State powers n With their own legislative, executive and judicial branches, states are empowered to pass, enforce, and interpret laws, as long as they do not violate the Constitution.

Federal powers n The federal government determines foreign policy, with exclusive power to make treaties, declare war, and control imports and exports. Most governmental responsibilities, however, are shared by state and federal governments, such as taxation, business regulation, environmental protection, and civil rights (concurrent powers). n n

The Congress n n Article I grants “legislative powers” to the federal government and vests those powers in a Congress of the United States. Congress, like its ancestor, the British Parliament, consists of two houses, the House of Representatives and the Senate.

The Congress n n n Seats in the House of Representatives, - allocated to the states by population. The upper house, the Senate, was created to represent the states. Although now elected by the voters, two Senators for each state, the Senate was originally selected by the state legislatures in each state, and reflected the will of state government rather than that of the people.

Congress n Section 8 of Article I lists the powers granted to Congress: e. g. power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States; to borrow money on the credit of the United States; to regulate commerce with foreign nations, and among the several states; to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; to coin money, regulate the value thereof; to constitute federal tribunals inferior to the Supreme Court; to declare war; to raise and support armies, and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

The Constitution n Article II provides that executive power shall be vested in a President of the United States, and Article III establishes the Supreme Court.

THE SUPREME LAW The Constitution is the “supreme law”: states cannot make laws that conflict with federal laws n Guarantees to the people certain civil liberties and civil rights spelled out in the Bill of Rights n

Aswer the following questions n n 1. How can American federalism be defined? 2. When was the new nation of the United States of America recognized? 3. When was the U. S. Constitution adopted? 4. Which important principles did the Constitution establish?

Aswer the following questions n n 5. Which are national, and which are state powers? 6. What are concurrent powers? 7. Which powers are granted to Congress? 8. What does Article II provide?

Provide the terms for the following definitions n n distribute (resources or duties) for a particular purpose. Allocate intensify, increase, or further improve the quality, value, or extent of. Enhance

Provide the terms for the following definitions n n a minor change or addition designed to improve a text, piece of legislation, etc; an article added to the US Constitution Amendment Complete power over a particular area with no limitations Plenary power

Provide the terms for the following definitions confer or bestow (power, authority, property, etc. ) on someone. n Vest n distribute (resources or duties) for a particular purpose. n allocate n

Provide the terms for the following definitions a tax or similar compulsory payment. n Impost n a tax levied on certain goods and commodities produced or sold within a country and on licences granted for certain activities. n excise n

Provide the terms for the following definitions n n the admittance of a foreigner to the citizenship of a country naturalization

IV Complete the table with words from the text and their related forms VERB NOUN ADJECTIVE contradictory assimilate constitution concurrent elect

Match the verbs in the left column with the nouns in the right column. 1. guarantee a. money 1. allocate a. force 1. determine a. powers 1. regulate a. a principle 1. establish a. treaties 1. collect a. rights 1. pass a. commerce 1. coin a. policy 1. make a. taxes 1. come into a. laws

VI Write the correct form of the verbs in the brackets. n Federalism _______ (be) a compromise meant _______ (eliminate) the disadvantages of a unitary system of government and a confederation. In a federal system, power _______ (share) by the national and state governments. The Constitution ________ (designate) certain powers to be the domain of a central government, and others _____ (reserve) for the state governments. n

THE BILL OF RIGHTS (1791) n n n 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

Preamble n We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I n n n 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

Article I n n n 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

ARTICLE I: THE LAW-MAKING PROCEDURE n 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

ARTICLE II n n 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

The President n 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

ARTICLE III n 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

Article III n 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 (. . . )

1 st AMENDMENT (1791) n 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

5 th AMENDMENT (1791) n 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

6 th AMENDMENT n 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.

10 th AMENDMENT (1791) n 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

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 n The Congress shall have power to enforce this article by appropriate legislation n

19 th 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 n Congress shall have power to enforce this article by appropriate legislation n

Article 1: The powers granted to Congress n n n power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the US; to borrow money on the credit of the US; to regulate commerce with foreign nations, and among the several states;

Article 1 n n to establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the US; to coin money, regulate the value thereof;

Article 1 n n to constitute federal tribunals inferior to the Supreme Court; to declare war; to raise and support armies, and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

SUMMARY n n n 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

Put the verbs in brackets into appropriate forms n 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.

Key n 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.

Fill in the missing words: Constitution, delegated, federal, granted n The Constitution limits the ____government to____, or enumerated, powers. These are powers specifically listed in the____ as being _____to the federal government.

Key n 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.

Concurrent, exercised, federal, reserved, states n 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

Key n 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.

Fill in the missing words: citizen, resides, supreme, system n 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 _____.

Key n 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.