THE NATURE AND SOURCES
OF AMERICAN FEDERALISM
UNIT 11
Preview
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Federalism: definition
History
Declaration of Independence and theory of
social contract
Virginia plan
New Jersey plan
Constitution
Bill of Rights
FEDERAL GOVERNMENT
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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
THE BEGINNINGS
- A hundred years after Columbus’s
first voyage, Sir Walter Raleigh
claimed the whole of North America
for England, calling it Virginia
- Jamestown: 1st settlement (1607)
The Pilgrim Fathers
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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;
THE THIRTEEN COLONIES
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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
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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
SELF GOVERNMENT
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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
PRE-REVOLUTIONARY
EVENTS
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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
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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)
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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)
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About midnight, watched by a large
crowd, a group disguised as Mohawk
Indians boarded the ships and threw
away the tea
The Boston Tea Party
(Dec. 16, 1773)
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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.
The Boston Tea Party
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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.
The Boston Port Act
(March 30, 1774)
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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)
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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
The Administration of
Justice Act (May 20, 1774)
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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.
The Administration of
Justice Act (May 20, 1774)
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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.
Reaction to Intollerable
Acts
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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 Massachusetts’s aid
Reaction to Intollerable
Acts
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Seeing their charters and rights under
threat, colonial leaders formed
committees of correspondence to
discuss the repercussions of the
Intolerable Acts
Reaction to Intollerable
Acts
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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.
Reaction to Intollerable
Acts
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Rather than exact punishment, North's
legislation worked to pull the colonies
together and pushed them down the
road towards war.
AMERICAN REVOLUTION
(1775-1783)
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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
THE DECLARATION OF
INDEPENDENCE
(July 4, 1776)
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“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”
GRIEVANCES AGAINST THE
KING
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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
GRIEVANCES AGAINST THE
KING
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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
Grievances against the King (cont.)
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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
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“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...”
THE CONTINENTAL CONGRESS
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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
ARTICLES OF CONFEDERATION
Passed Nov. 15, 1777. Ratified, March 1, 1781
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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.
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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
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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.
CONFEDERATION
CONGRESS
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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
THE CONSTITUTIONAL
CONVENTION
Philadelphia, May-Sept. 1787
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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
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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
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William Patterson’s 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
THE GREAT COMPROMISE
(OR THE CONNETICUT COMPROMISE
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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
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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
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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
Article I, Section 3.
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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 CONSITITUTION OF THE
UNITED STATES (1788)
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Spells out in seven articles the powers
of the federal government and the
states
Prevents abuses of authority through
the separation of powers
The Constitution
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Legislative power: the Congress
Executive power: the president
Judicial power: the Supreme Court of
the United States and other federal
courts
Checks and balances
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System of checks and balances: none
of the branches of government can
dominate the others
THE SUPREME LAW
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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
THE BILL OF RIGHTS
(1791)
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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
ARTICLE I
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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
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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
THE LAW-MAKING PROCEDURE
(ARTICLE I)
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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
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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
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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
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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
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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 (...)
1st AMENDMENT (1791)
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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
5th AMENDMENT (1791)
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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
6th AMENDMENT
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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.
10th AMENDMENT (1791)
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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)
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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
19th AMENDMENT
(Ratified August 18, 1920)
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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
SUMMARY
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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
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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
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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
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The Constitution limits the
____government to____, or
enumerated, powers. These are
powers specifically listed in the____ as
being _____to the federal
government.
Key
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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
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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
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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.
Fill in the missing words: citizen,
resides, supreme, system
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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
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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.
Reminder
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Don’t forget the survey!
http://www.pravo.unizg.hr/SJ/ankete/
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