The document summarizes the key events and compromises that occurred during the Constitutional Convention in 1787. It describes the major disagreements between large and small states over representation in Congress. The Connecticut Compromise resolved this issue by creating a bicameral legislature with proportional representation in the House and equal representation in the Senate. It also discusses the Three-Fifths Compromise to determine state populations for legislative seats and taxes. The document outlines the arguments made by Federalists in support of the Constitution and Anti-Federalists concerned about a strong central government.
This lecture is designed for first year students of English, and for anyone interested in a simple explanation of what is at stake in current political debates in America
This lecture is designed for first year students of English, and for anyone interested in a simple explanation of what is at stake in current political debates in America
PART 1 - MODEL 2 (B).pptFederalismOutline(1) Fe.docxdanhaley45372
PART 1 - MODEL 2 (B).ppt
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Federalism
Outline
(1) Federalism and Its Alternatives
(2) The Advantages of Federalism
(3) Division of Powers between National and State Governments
(4) Supreme Court’s Interpretation of Federalism
(5) Case study: Medical marijuana
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Federalism and Its AlternativesConfederal System
consists of a league of independent states, each having essentially sovereign power
e.g. Articles of Confederation, United Nations
Weaknesses led to call for the Constitutional Convention
No Power to draft soldiers, raise taxes, or regulate commerceUnitary System
centralized government in which local governments exercise only those powers given to them by the central government
e.g. France and Great Britain
*
Federalism and Its AlternativesFederal System
power is divided by a written constitution between a central government and state/local governments
e.g. United States
*
The Flow of Power in Three Systems of Government
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Advantages of FederalismA Practical
Solution
Resolved the dispute between advocates of a strong central government (federalists) and states’ rights advocates (anti-federalists)Brings government closer to the people
Citizens can bring attention to local and state government’s attention
Can resolve issues quicker than relying on federal government
e.g. City of Chino and flies
*
Advantages of FederalismFederalism allows for many political subcultures
States are given flexibility in their policies
e.g. gay marriage
*
Division of Powers Between National and State GovernmentsEnumerated Powers***
Elastic Clause (necessary and proper clause)
the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power
Supremacy Clause
federal law supersedes state and local law
*Selected Constitutional PowersNational GovernmentNational and State GovernmentsState GovernmentsEXPRESSED
To coin money
To regulate interstate commerce
To levy and collect taxes
To declare warCONCURRENT
To levy and collect taxes
To make and enforce laws
To establish courts
To provide for the general welfare
RESERVED TO THE STATES
To regulate intrastate commerce
To conduct elections
To ratify amendments to the federal constitution
*
Supreme Court’s Interpretation of Federalism
Implied Powers and National Supremacy
McCulloch v. Maryland (1819)established the implied powers of the national government and the idea of national supremacy
Background: National government chartered a bank in MarylandState imposed a tax to drive it outMcCulloch (bank cashier) refused to pay taxState won in state court, thus sending it to the Supreme Court
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Case Study: Medical Marijuana
Raich v AshcroftA case involving the commerce clause
Constitutional Question:
Does use of home-grown marijuana involve or impact interstate commerce?
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Background1970 federal law makes marijuana illegalCalif passed Prop 215 in 1996 which made medical marijuana legalAngel Rai.
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2 -4 the constitutional convention
1. Objective- Students will analyze the
compromises made during the
Constitutional Convention and explain its
achievements.
2. Essential Questions
1. How did the Connecticut
Compromise settle the most divisive
issue among members of the
Const. Convention?
2. What were the key arguments
presented by Federalists and Anti-
Federalists?
3. Legislative Branch- section of the gov’t
that makes laws
Executive Branch- section of the gov’t that
carries out laws
Judicial Branch- section of the gov’t that
interprets laws
Interstate Commerce- trade among the
states
Extralegal- not sanctioned by law
Anarchy- political disorder
4. • Philadelphia, PA
• May 25, 1787
• Delegates from all states except Rhode Island
• 55 delegates present
5. James Madison George Washington Benjamin Franklin
Father of the Constitution Leader of the Convention Most
senior member 81
Virginia Virginia Pennsylvania
First President of USA
6. - 1 vote per state
- Simple majority needed to make decisions
- Delegates decided to keep meetings
secret
7. 1. All favored a limited and representative gov’t
2. Powers of the national gov’t should be divided among
legislative, executive, and judicial branches
3. Limit the power of the states to coin money
4. Strengthen the national gov’t
8. Edmund Randolph and James Madison
Three Principles
1. Strong national legislature w/ two houses based on
population of each state.
2. Strong national executive chosen by the leg.
3. National judiciary appointed by the leg.
* Delegates from smaller states feared that this plan would
give larger states more power*
9. William Patterson
1. A unicameral legislature w/ one vote for each state
2. Congress has the power to impose taxes and regulate
trade
3. Weak executive of more than one person, elected by
congress
4. National judiciary appointed by the executive
*The New Jersey Plan was rejected*
10. Question: should the states be represented on the basis of
population or should they be represented equally?
Solution: A bicameral legislature
- House of Reps- based on population
- Senate- equal (2 per state)
Roger Sherman
11. Problem
• 1/3 of people living in the southern states were
slaves
• Southern states wanted slaves to count toward
population, so they would have more reps in the
House
• Northern states did not have many slaves, so
they did not want them to count toward
population.
Compromise
• Slaves would count for 3/5 of the population
12. • Northern states
feared the southern
states would not
sign the Const. if it
outlawed slavery.
• The issue of slavery
was left out of the
Constitution except
Article IV, Section 2
13. • The Constitution was complete on September 17, 1787
• 9 of 13 states needed to sign it for ratification (to pass).
• On June 21, 1788 New Hampshire became the 9th state to
sign
14. Federalists – supported the constitution
• Support came from the founders and
merchants
Anti-Federalists- opposed the Constitution
• Support came from inland farmers and
laborers
15. 1. Criticized the Constitution for being
drafted in secret: extralegal.
1. Constitution lacked a Bill of Rights:
afraid a strong national gov’t would
take away human rights
Patrick Henry was a
strong opponent of
the Constitution
16. 1. Without a strong national gov’t,
anarchy would triumph
2. A strong national gov’t is
necessary to protect the nation
from enemies and solve internal
problems
Alexander Hamilton James Madison
John Jay
Wrote 80 essays
defending the
Constitution called
The Federalist
17. • In the first session of
Congress, James Madison,
introduced 12 amendments
• Ten were ratified in 1791
known as the Bill of Rights