How did the Delegates distribute powers between
national and state governments?
What powers did the national government
have over state governments and the people?
 One reason a convention was called was the concern that state
governments were undermining Congress’s efforts to conduct
foreign policy and fears some state governments were trying to
limit individual rights
 Under the Articles of Confederation, Congress had NO power to
enforce any laws they passed
 The delegates included several items in the Constitution that
would set forth the powers of the federal government over the
state governments
 FEDERALISM is the division of powers between state and
federal governments
Powers of Federalism VENN
 In groups of 2-3, complete the following: (p. 86-90 in
book and/or p. 6-9 in pocket constitution)
 1. Place in order of importance, the powers of the
federal government, state government and shared
powers
 2. Create a VENN diagram showing the power structure
of FEDERALISM
Federal
State
Federalism
On a separate piece of paper, create a VENN diagram
Phrases in the Constitution
of Federal Supremacy
 Article 1, Section 6: states had the power to set the date, time and
location of elections for senators and representatives but gave Congress the
power to make changes
 Article 1, Section 8:
Congress had power to set procedures for calling
forth the militia into national service
 Article 4, Section 3: Congress had the power to create new states
 Article4, Section 4:
Congress guarantees each state a “republican form
of government”
 Article 4 Section 4:
The national government is required to protect the
states from invasion or domestic violence
 Article 6, Section 2:
“SUPREMACY CLAUSE” makes the Constitution
and all laws and treaties approved by Congress the supreme law of the land.
Judges in state courts must follow the Constitution, federal laws and treaties if
there is a conflict with state laws
What limits were placed on
the National Government
 The Constitution contains several limits on federal
governmental powers
 Cannot suspend HABEAS CORPUS unless in cases of
rebellion or invasion
 Cannot pass ex post facto laws or bills of attainder
 Cannot suspend the right to trial by jury in criminal cases
 Defines the crime of treason narrrowly and specifically to
protect against false accusations
Limits to protect political independence
and rights of public officials
 Members of Congress cannot be arrested “during
attendance at the session of their houses unless they
commit treason, felony or breach of peace”
 Congress cannot impose a religious test for those
holding national office
 If accused of misconduct in office, the impeachment
clauses protect their right to fair trial
 The national government cannot take money from the
treasury without an appropriations law nor can it grant
titles of nobility
Limits on state governments
State Governments CANNOT:
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Coin their own money
Pass laws that enable people to violate contracts
Make ex post facto laws or bills of attainder
Enter into treaties with foreign nations or declare war
Put taxes on imports or exports except what is
necessary to pay for inspections
 Keep troops or ships of war in times of peace
 Unfairly discriminate against citizens of other states
 Refuse to return fugitives from justice from states they
have fled (aimed at escaped slaves)
What issues were left
unaddressed?
 Slavery

Issue put off for at least 20 years. Slavery would eventually lead to war
 National Citizenship

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Each state had their own criteria, usually ownership of land
Times, places and manner left up to states
 Voting Rights

Only states that anyone eligible to vote in the states also can vote for the
House of Representatives
 Did the States have the right to secede?

Not addressed until the Civil War, when Lincoln went to war to prevent the
southern states from seceding
 The balance between the Federal and State powers was and still
is a delicate act
How did slavery affect the distribution of
national and state powers?
 Many in the North believed slavery to be wrong & many northern states had
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begun to ban slavery
Southerners believed slaves to be personal property and that it was the job of
the government to protect their property. They also believed the states should
decide on slavery not the national government
Georgia, South Carolina and North Carolina made it clear they would not
support any document that interfered with slavery
Article 1, Section 2: 3/5th Compromise
Article 4, Section 2: Fugitive Slave Clause
Article 1, Section 9: Compromised the North’s want for Congress to control
trade with the South’s deal that no law would be made about the importation of
slaves for 20 years
Essays for Unit Two
 HOW DID THE CONSTITUTION LIMIT GOVERNMENT POWER TO
PROTECT INDIVIDUAL RIGHTS WHILE PROMOTING THE COMMON
GOOD?
 Why did the Federalists and Anti-Federalists disagree on whether the
Constitution sufficiently protected individual rights and promoted the
common good?
 What responsibilities, if any, do citizens have for seeing that individual rights
are protected and the common good is promoted?
 WHAT WERE THE MAJOR CONFLICTS AT THE PHILADELPHIA
CONVENTION AND HOW WERE THEY RESOLVED?
 What are arguments can you make for and against giving each state the right
to send the same number of members to the Senate?
 What arguments can you make for and against including the 3/5ths clause and
the fugitive slave clause in the Constitution?
 WHAT WERE THE MAJOR DIFFERENCES BETWEEN THE FEDERALISTS
AND THE ANTI-FEDERALISTS?
 How did the arguments of the Federalists and the Anti-Federalists reflect
their points of view regarding natural rights, republicanism, and the powers
of the states?
 Why are the Federalist and Anti-Federalist debates still relevant today?
Vocabulary for Unit Two
Antifederalists
Ex Post Facto
Proportional Representation
Articles of Confederation
Federal System
Ratification
Bill of Attainder
Federalists
Separation of Powers
Bill of Rights
Great Compromise
Shared Powers
Constitutional Convention Majority Tyranny
Electoral College
Supremacy Clause
Neceassary & Proper Clause Tariff