How did the delegates distribute powers between national and state governments? 2.12 Vocabulary bill of attainder ex post facto secede supremacy clause tariff
What powers did the National Government have over state governments and people States conducting their own foreign affairs and undermining the national government. Under A of C they had no power Delegates addresses concerns in the Articles of the Constitution
Congress can: Article I, Sec.4 states determine how legislators are elected but Congress has the right to change this rule Article I, Sec.8 call national militia to duty for enforcing laws, stopping rebellion, and to protect nation Article IV, Sec. 3 power to create states Article IV, Sec.4 power to guarantee republican government in the states (they can’t go to monarchy) Article IV, Sec. 4 protect states from invasion or domestic violence Article VI, Sec. 2 Supremacy Clause makes constitution SUPREME Law of the Land. Judges in State courts must follow Constitution, federal laws and treaties
What limits did the delegates place on the national government? Could not suspend the writ of habeas corpus Could not pass ex post facto (changing the legality of an act after it has passed Prohibited bill of attainder-a punishment in which the legislature says someone is guilty of a crime, not the courts Can not suspend the right of trial by jury Congress can not alter the law (definition) of treason Members can not be arrested while in session (unless treason, Felony or breech of the peace Can not impose a religious test Impeachment right protects right to trial for offials Can not make money with out appropriation bill and can’t grant titles (like Sir John)
Limits on state governments Article 1 sec 10 prohibits Coining their own money Passing laws that effect payment of debts Making ex post facto laws or bills of attainder Treaties of war declarations with foreign nations Granting titles of nobility Taxing import or export other than inspection cost Keeping troops or warships in peacetime Article IV Unfair discrimination of citizens in other states Refusal to return fugitives of justice from place where they fled
What was missing? Slavery National citizenship Voting rights mostly undetermined Rules about holding public office Blurry lines between state and national power Did states have the right to secede
How did slavery affect the distribution of national and state power? Read the section on p.88 and discuss the lead question Then address the critical thinking questions