The Constitutional Convention<br />
The Constitutional Convention of 1787: Conflict and Compromise<br />2 competing plans<br />The Virginia Plan<br />Principl...
The Constitutional Convention of 1787: Conflict and Compromise<br />The Conflict<br />State-based approach versus an indiv...
The Constitutional Convention of 1787: Conflict and Compromise<br />The Conflict<br />If representation is proportional in...
The U.S. Constitution<br />
The U.S. Constitution<br />Seven Articles of the Constitution<br />The Legislative Branch<br />The Executive Branch<br />T...
Commerce Clause (Art. 1)<br />The Congress shall have power . . . To regulate commerce with foreign nations, and among the...
Commerce Clause (Art. 1)<br />The Congress shall have power . . . To regulate commerce with foreign nations, and among the...
Denied Powers<br />No abolition until 1808<br />Habeas Corpus<br />No ex post facto laws<br />No capitation/direct tax*<br...
Article IV: Interstate Relations<br />Full Faith and Credit Clause:<br />“Full faith and credit shall be given in each sta...
Article IV: Interstate Relations<br />Full Faith and Credit Clause:<br />“Full faith and credit shall be given in each sta...
Privileges<br />According to California law, a “citizen” is a person that has taken up permanent residence in the state.  ...
Privileges<br />Saenz v. Roe (1999)<br />-California violated the U.S. Constitution<br />
Privileges<br />What should this mean for out-of-state tuition?<br />
Article VI: Supremacy<br />Supremacy Clause<br />The national government is above all sub-national governments<br />All fe...
Article VII: Ratification<br />Federalists versus Anti-Federalists<br />The Federalist Papers<br /><ul><li>James Madison, ...
Federalist Papers<br />Op-Ed pieces<br />Written anonymously by James Madison, Alexander Hamilton, and John Jay<br />Inten...
Alexander HamiltonFederalist 27 <br />Federal government may act “odious or contemptible” toward the people, but a strong ...
James MadisonFederalist 10<br />Factions – citizens united by “common impulses of passion”<br />Tyranny of the Majority co...
James MadisonFederalist 39<br />A hybrid regime - Federalism<br />The power to govern must be derived from the consent of ...
Anti-Federalists<br />Need for states to have more power because only at smaller levels can public be accurately represent...
Anti-Federalist #84<br />Called for stronger guarantees of individuals liberties<br />Federalists were uneasy about a Bill...
Constitutional Ambiguity<br />“Its nature, therefore, requires, that only its greatest outlines should be market, its impo...
Constitutional Ambiguity<br />The Constitution lays out the basic framework for the U.S. government in about 4 pages and h...
Important Principles<br />Separation of Powers<br />Checks and Balances<br />
Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />A system of government in...
Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republican...
Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republican...
Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republican...
Relevance of the Constitution<br />Does meaning change over time?<br />Living constitution vs. Original intent<br />
Defining Federalism<br />Federalism<br />Constitutional  arrangement whereby power is distributed between a central govern...
Governing Levels<br />1 National Government<br />50 State Governments<br />Thousands of local governments<br />
Governing Levels<br />Is there some kind of ‘federalism’ between state and local governments?<br />
Governing Levels<br />Is there some kind of ‘federalism’ between state and local governments?<br />Dillon’s Rule (1868)<br...
Types of Government<br />Federalism<br />Powers divided between central government and smaller governmental units<br />
Types of Government<br />Federalism<br />Confederation<br />Definition?<br />
Types of Government<br />Federalism<br />Confederation<br />States retain ultimate authority<br />
Types of Government<br />
Types of Government<br />Federalism<br />Confederation<br />Unitary<br />Central government exercises all governmental pow...
Advantages of Federalism<br />Diversity of Needs<br />Closeness to the people<br />Innovation and Experimentation<br />Sub...
Federalism<br />Sometimes used to address ethnic divisions<br />South Africa<br />Iraq<br />
Disadvantages<br />Lack of National Standards<br />Low visibility and lack of popular control<br />Lack of uniformity in r...
Disadvantages<br />Lack of National Standards<br />Low visibility and lack of popular control<br />Lack of uniformity in r...
Federalism in the Constitution<br />States have independent powers<br />Supremacy Clause<br />Congressional powers are enu...
State Roles<br />Amendments<br />¾ of all state legislatures must ratify an amendment<br />States must approve the creatio...
The Great Debate: Centralists versus Decentralists<br />Centralism<br />Supporters: Chief Justice John Marshall, President...
Historical Markers in the Development of American Federalism<br />McCulloch V. Maryland and the Necessary and Proper Claus...
The Evolution of American Federalism<br />“State-Centered Federalism” <br />1787 to 1868<br />From the adoption of the Con...
McCulloch v. Maryland (1819)<br />“The power to tax involves the power to destroy…If the right of the States to tax the me...
Question<br />I thought the Civil War was about slavery. What does federalism have to do with the Civil War?<br />
The Evolution of American Federalism<br />“Dual Federalism”<br />1868 to 1913<br />In this phase, the national government ...
Evolution of American Federalism<br />	After the Civil War, industrialization and urbanization created new challenges for ...
The Evolution of American Federalism<br />“Cooperative Federalism”<br />1913 to 1964<br />The system was likened to a marb...
Cooperative Federalism<br />1932-1936: Supreme Court invoked doctrine of Dual Federalism to challenge FDR’s New Deal<br />...
Doctrine of Incorporation<br />The Supreme Court has “incorporated” new rights into the due process clause of the 14th Ame...
The Evolution of American Federalism<br />“Centralized” or “Creative” Federalism<br />1964-1980<br />The presidency of Lyn...
The Great Society and Creative Federalism<br />Johnson’s “Great Society”<br />War on Poverty<br />Federal funds were direc...
The Great Society and Creative Federalism<br />
The Great Society and Creative Federalism<br />
The Changing Nature of Federal Grants<br />Grants-in-Aid<br />Federal funds given to state and local governments on the co...
Types of Grants<br />Categorical<br />For a specific purpose<br />Block Grants<br />For a general area<br />
New Federalism<br />Ronald Reagan sought to return more power and responsibility to the states<br />“Government is not the...
Devolution<br />   The Republican “Contract with America” called for devolution-- the transfer of political and economic p...
The Supreme Court and the Role of Congress<br />Beginning in 1995, justices interested in granting more deference to state...
Our Federal System<br />Is the federal government getting too big to provide an effective response to local problems?<br />
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Constitution and federalism

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Constitution and federalism

  1. 1. The Constitutional Convention<br />
  2. 2. The Constitutional Convention of 1787: Conflict and Compromise<br />2 competing plans<br />The Virginia Plan<br />Principle author: James Madison<br />National government would be supreme over the states<br />Favored by populous states<br />The New Jersey Plan<br />Principle author: William Patterson of New Jersey<br />“Confederation model”<br />Favored by smaller states<br />
  3. 3. The Constitutional Convention of 1787: Conflict and Compromise<br />The Conflict<br />State-based approach versus an individual-based approach<br />The Compromise<br />House of Representatives: proportional; Senate: equal number of representatives from each state<br />The Conflict<br />Northerners were increasingly abolitionist<br />The Compromise<br />The Constitution was to protect the Atlantic Slave Trade for at least twenty years<br />
  4. 4. The Constitutional Convention of 1787: Conflict and Compromise<br />The Conflict<br />If representation is proportional in the House of Representatives, how should slaves be counted?<br />The Compromise<br />Three-Fifths of the slaves in each state would be counted<br />
  5. 5. The U.S. Constitution<br />
  6. 6. The U.S. Constitution<br />Seven Articles of the Constitution<br />The Legislative Branch<br />The Executive Branch<br />The Judicial Branch<br />Guidelines for Relations between States<br />The Amendment Process<br />Federal-State Relations; Oath for Officers<br />How the Constitution Can be Ratified<br />
  7. 7. Commerce Clause (Art. 1)<br />The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes<br />
  8. 8. Commerce Clause (Art. 1)<br />The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes<br />U.S. v. E.C. Knight Company (1895)<br />Hammer v. Dagenhart (1918)<br />
  9. 9. Denied Powers<br />No abolition until 1808<br />Habeas Corpus<br />No ex post facto laws<br />No capitation/direct tax*<br />No taxes on interstate trade<br />No titles of nobility<br />
  10. 10. Article IV: Interstate Relations<br />Full Faith and Credit Clause:<br />“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”<br /> - Marriage, for example<br />
  11. 11. Article IV: Interstate Relations<br />Full Faith and Credit Clause:<br />“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state”<br /><ul><li>Privileges and immunities clause:</li></ul>“the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states”<br />
  12. 12. Privileges<br />According to California law, a “citizen” is a person that has taken up permanent residence in the state. A family moves from Arizona to California and is denied welfare benefits. The state requires them to be residents for at least 1 year.<br />Is this constitutional?<br />
  13. 13. Privileges<br />Saenz v. Roe (1999)<br />-California violated the U.S. Constitution<br />
  14. 14. Privileges<br />What should this mean for out-of-state tuition?<br />
  15. 15. Article VI: Supremacy<br />Supremacy Clause<br />The national government is above all sub-national governments<br />All federal and state officials swear an oath to the federal government<br />Counter to the Doctrine of Nullification and Doctrine of Secession<br />
  16. 16. Article VII: Ratification<br />Federalists versus Anti-Federalists<br />The Federalist Papers<br /><ul><li>James Madison, Alexander Hamilton, and John Jay</li></ul>The “Brutus” Essays<br />
  17. 17. Federalist Papers<br />Op-Ed pieces<br />Written anonymously by James Madison, Alexander Hamilton, and John Jay<br />Intended to cultivate a pro-Constitution culture<br />Modern judges use the papers to determine original intent<br />
  18. 18. Alexander HamiltonFederalist 27 <br />Federal government may act “odious or contemptible” toward the people, but a strong central government is needed<br />Citizens would have “less occasion to recur to force” <br />
  19. 19. James MadisonFederalist 10<br />Factions – citizens united by “common impulses of passion”<br />Tyranny of the Majority could result<br />2 Ways to rid of Factions<br />Rid of liberty<br />Check the inducements to sacrifice the weaker party<br />Republican government is the solution<br />
  20. 20. James MadisonFederalist 39<br />A hybrid regime - Federalism<br />The power to govern must be derived from the consent of the people. <br />Representatives elected from the people are the administrators of the government. <br />The terms of service of the Representatives must be limited by time or good behavior. <br />Powers to be divided between national and state governments<br />
  21. 21. Anti-Federalists<br />Need for states to have more power because only at smaller levels can public be accurately represented<br />Brutus essays (Anti-Federalist)<br />i. Fear of presidential power<br /> ii. No Bill of Rights<br />
  22. 22. Anti-Federalist #84<br />Called for stronger guarantees of individuals liberties<br />Federalists were uneasy about a Bill of Rights<br />Feared it would be interpreted as the ONLY rights individuals had<br />Ultimately included in order to gain more support for the Constitution<br />
  23. 23. Constitutional Ambiguity<br />“Its nature, therefore, requires, that only its greatest outlines should be market, its important objects designated, and the minor ingredients which compose those objects, be deduced from the nature of the objects themselves.” <br />-Marbury v. Madison<br />
  24. 24. Constitutional Ambiguity<br />The Constitution lays out the basic framework for the U.S. government in about 4 pages and has been amended only 27 times.<br />The Alabama Constitution contains over 300,000 words and has been amended more than 700 times.<br />
  25. 25. Important Principles<br />Separation of Powers<br />Checks and Balances<br />
  26. 26.
  27. 27. Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />A system of government in which power and authority are divided between a central government and regional sub-units<br />
  28. 28. Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republicanism<br />Limit the influence of the masses<br />Senators were originally chosen by state legislatures<br />
  29. 29. Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republicanism<br />Reciprocity<br />Full faith and credit<br />Equal rights to out of state citizens<br />
  30. 30. Important Principles<br />Separation of Powers<br />Checks and Balances<br />Federal System<br />Representative Republicanism<br />Reciprocity<br />Fixed system open to change<br />
  31. 31. Relevance of the Constitution<br />Does meaning change over time?<br />Living constitution vs. Original intent<br />
  32. 32. Defining Federalism<br />Federalism<br />Constitutional arrangement whereby power is distributed between a central government and subnational governments called states in the United States. <br />“Look, the American people don’t want to be bossed around by federal bureaucrats. They want to be bossed around by state bureaucrats”<br />
  33. 33. Governing Levels<br />1 National Government<br />50 State Governments<br />Thousands of local governments<br />
  34. 34. Governing Levels<br />Is there some kind of ‘federalism’ between state and local governments?<br />
  35. 35. Governing Levels<br />Is there some kind of ‘federalism’ between state and local governments?<br />Dillon’s Rule (1868)<br />Home Rule<br />
  36. 36. Types of Government<br />Federalism<br />Powers divided between central government and smaller governmental units<br />
  37. 37. Types of Government<br />Federalism<br />Confederation<br />Definition?<br />
  38. 38. Types of Government<br />Federalism<br />Confederation<br />States retain ultimate authority<br />
  39. 39. Types of Government<br />
  40. 40. Types of Government<br />Federalism<br />Confederation<br />Unitary<br />Central government exercises all governmental powers and can change or abolish its constituent units (states)<br />
  41. 41. Advantages of Federalism<br />Diversity of Needs<br />Closeness to the people<br />Innovation and Experimentation<br />Sub-national units are “laboratories”<br />Check on Federal Power<br />
  42. 42. Federalism<br />Sometimes used to address ethnic divisions<br />South Africa<br />Iraq<br />
  43. 43. Disadvantages<br />Lack of National Standards<br />Low visibility and lack of popular control<br />Lack of uniformity in rules and programs<br />
  44. 44. Disadvantages<br />Lack of National Standards<br />Low visibility and lack of popular control<br />Lack of uniformity in rules and programs<br />Yugoslavia was a disaster<br />A collection of “ethno-nationalist republics”<br />
  45. 45. Federalism in the Constitution<br />States have independent powers<br />Supremacy Clause<br />Congressional powers are enumerated (Article I, Section 8)<br />Tenth Amendment<br />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”<br />
  46. 46. State Roles<br />Amendments<br />¾ of all state legislatures must ratify an amendment<br />States must approve the creation of new states<br />
  47. 47. The Great Debate: Centralists versus Decentralists<br />Centralism<br />Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history<br />Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting<br />Decentralism<br />Supporters: Antifederalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and G. W. Bush<br />Position: Views the Constitution as a compact among states that gives the central government very little authority<br />
  48. 48. Historical Markers in the Development of American Federalism<br />McCulloch V. Maryland and the Necessary and Proper Clause<br />Secession and the Civil War<br />National Guarantees of Civil Rights<br />The Expansion of Interstate Commerce<br />The Income Tax and Federal Grants<br />
  49. 49. The Evolution of American Federalism<br />“State-Centered Federalism” <br />1787 to 1868<br />From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System<br />McCulloch v. Maryland decided during this phase<br />
  50. 50. McCulloch v. Maryland (1819)<br />“The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the Constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.”<br />
  51. 51. Question<br />I thought the Civil War was about slavery. What does federalism have to do with the Civil War?<br />
  52. 52. The Evolution of American Federalism<br />“Dual Federalism”<br />1868 to 1913<br />In this phase, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic policy issues<br />
  53. 53. Evolution of American Federalism<br /> After the Civil War, industrialization and urbanization created new challenges for the federal system<br />
  54. 54. The Evolution of American Federalism<br />“Cooperative Federalism”<br />1913 to 1964<br />The system was likened to a marble cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.” <br />
  55. 55. Cooperative Federalism<br />1932-1936: Supreme Court invoked doctrine of Dual Federalism to challenge FDR’s New Deal<br />Court packing scheme<br />Court has since sided with national government<br />
  56. 56. Doctrine of Incorporation<br />The Supreme Court has “incorporated” new rights into the due process clause of the 14th Amendment<br />Expands civil liberties on the national level<br />
  57. 57. The Evolution of American Federalism<br />“Centralized” or “Creative” Federalism<br />1964-1980<br />The presidency of Lyndon B. Johnson (1963-1969) marked a critical point in the evolution of federalism<br />Federal government clearly had its own national goals<br />
  58. 58. The Great Society and Creative Federalism<br />Johnson’s “Great Society”<br />War on Poverty<br />Federal funds were directed to states, local government, and a wide variety of social programs<br />
  59. 59. The Great Society and Creative Federalism<br />
  60. 60. The Great Society and Creative Federalism<br />
  61. 61. The Changing Nature of Federal Grants<br />Grants-in-Aid<br />Federal funds given to state and local governments on the condition that the money be spent for specified purposes, defined by officials in Washington<br />
  62. 62. Types of Grants<br />Categorical<br />For a specific purpose<br />Block Grants<br />For a general area<br />
  63. 63. New Federalism<br />Ronald Reagan sought to return more power and responsibility to the states<br />“Government is not the solution; it’s the problem”<br /> - Ronald Reagan<br />
  64. 64. Devolution<br /> The Republican “Contract with America” called for devolution-- the transfer of political and economic power to the states<br />Copyright 2006 Prentice Hall<br />
  65. 65. The Supreme Court and the Role of Congress<br />Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court<br />
  66. 66. Our Federal System<br />Is the federal government getting too big to provide an effective response to local problems?<br />

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