Distributing powers between the states and national government Lesson 12 – federalism

Lesson Objectives When you are finished with this lesson you should be able to: Describe the major powers and limits on the national government Explain how the constitutional government did/did not address the issue of slavery…and other unanswered questions Evaluate, take and defend positions on how limited government in the US protects individual rights and promotes the common good, as well as issues involving slavery.

Powers over the states Concern over states Threat to individual rights Articles of confederation – little power to enforce it’s decisions Did not agree on how much power they should have Powers of the national government over the states Art I sect 4: state legislatures have the power to decide “times places and manner: of elections for senators and representatives, but congress can change that at any time Art 1 sect 8: congress gives the power to set a procedure for calling the militia into national service to execute the laws of the union, suppress insurrections and repel invasions.

Powers over states cont…. Art iv sect 3 gives congress the power to create new states Art iv sect 4 gives the nat gov the authority to guarantee a republican form of government Art iv sect 4 requires the nat gov to protect the states from invasion or domestic violence Art vi sect 2: Supremacy clause– makes the constitution and all laws and treaties approved by congress in exercising its enumerated powers, the supreme law of the land. If there is a conflict between the constitution must be followed.

Limits on the national government Art 1 sec 9 National gov. cannot suspend habeas corpus, “unless when in cases of rebellion or invasion the public safety may require it.” Art 1 sec 9 National gov. cannot pass ex post facto laws [after the fact] or bills of attainder [no trial] Art iii sect 2 national gov. may not suspend right to trial in criminal cases Art iii sect 3 Constitution specifically defines treason Levying war Aiding or comforting any enemies Two witnesses or confession in open court

Political independence/rights of public officials Members of congress cannot be arrested during attendance at the session of their respective houses. Unless they commit treason, felony or breach of the peace. Congress cannot impose a religious test on people who hold office. Members of the executive or judicial branches accused of misconduct are to have impeachment clauses to protect their right to trial. Nat. gov cannot take money from the treasury without appropriation law or grant titles of nobility.

Limits on the state governments States cannot ART I Sect. 10 Coin their own money Pass laws that enable people to violate contracts, between debtors and creditors Making ex post facto or bill of attainder laws Enter into treaties with foreign nations/declaring war Grant titles of nobility Lay duties/taxes Keep troops/ships of war during times of peace States cannot art iv Discriminating against citizens from other states Refusing to return fugitives from justice from states where they fled

Slavery: state and local powers Many delegates opposed slavery Northern states were taking steps to abolish it Madison, “thought it wrong to admit in the Constitution that there could be property in men.” “Slave” and “slavery” never appear in the constitution Many delegates argued that slavery was a state institution – like other property rights…Olivery Ellsworth (conn) “The morality or wisdom of slavery are considerations belonging to the states themselves.” North Carolina, south Carolina and Georgia would not join the new nation if the government interfered with slavery.

Bridging a gap Commerce Clause: Art iv sect. 2 [fugitive slave clause] Provides that if a person “held to service or labor” in one state escaped to another had to be delivered back to the person It is clear from the language national support for slavery would never exist Commerce Clause: Defeated a southern attempt to require a 2/3 vote of both houses to pass laws regarding commerce. Southern states feared Northern congressmen would pass tariffs No interference on slave trade for 20 years.

Issued unaddressed National citizenship Voting rights Could not agree Some states said free African Americans were citizens Southern states objected to that Voting rights States decided who could vote Property a determining factor for public office Franklin argued that some who did not own land were disenfranchised Sailors who fought in the armed forces Second sons Right of succession