Date: September 24, 2014 Topic: Addressing the Problems of Decentralized Power Under the Articles. Aim: How did the Constitution address problems of decentralized power under the Articles of Confederation? Do Now: Take out Federalist 10 work and be ready to go!

Federalist #10 Madison addresses biggest fear of government. Faction – a group in a legislature or political party acting together in pursuit of some special interest. Founding fathers were concerned that our government would be ripped apart. a large republic would better guard against the dangers of factions than smaller republics. Madison defends our national Constitution – a large republic would better guard against the dangers of factions than smaller republics.

#1 – The Amendment Process How does the amendment process address problems of decentralization?

#2 – Creation of a dominant national legislature. How does a dominant national legislature address problems of decentralization?

#3 – Creation of an Executive How would the creation of a chief executive address problems of decentralization?

#4 – Interstate Commerce How would interstate commerce address problems of decentralization?

#5 - Power to coin money How would the power to coin money address problems of decentralization?

Weaknesses of the Articles of Confederation Article II – “Each state retains its sovereignty, freedom, and independence.” Government has no control. Unicameral Congress (one house) with one vote per state Supermajority (9 of 13) to pass a law. Supermajority (13 of 13) to amend. No Executive (No President), no central authority. No Federal Judiciary (No Supreme Court), no central law. No control of taxation, commerce between states or with foreign nations, money system.

The Constitution Limits Majority Rule 1.) Electoral College – choosing a President through this system rather than a popular vote. 2.) US Senators were originally selected by state legislatures – limited to a certain population. 3.) Senators serve six year terms – longer term allows them to be more independent. 4.) Independent Judiciary – the Supreme Courts independence from the other branches. 5.) Life tenure for Supreme Court justices – insulates them.

Initiatives, Referendums, and Recall  Initiative – a certain number of qualified voters must sign initiative petitions to propose a law – it then goes onto the ballot.  Ex: California Proposition 19 – had it been approved it would have allowed people 21 and over to transport, cultivate, or possess marijuana for personal use.  Referendum – is a process by which a legislative measure is referred to the state’s voters for final approval or rejection.  Ex: South Dakota (2012) – repealed a state law where bonuses were to be given to “high performing” teachers and ban tenure.  Recall – citizens can remove a politician from office through a vote.  Ex: Deedy Slaughter was recalled as mayor of Port Allen, LA in November Writs of A/Ex Post Facto/

Bills of Attainder, and Ex Post Facto Laws  Bill of Attainder – an act by a legislature that declares a person or group of people guilty, then sentencing them, without the benefit of a trial.  Ex Post Facto Law – illegal in the United States, where someone can be found guilty of a crime that was legal when the action was committed. committed SUPREMACY CLAUSE