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