Unit Two Lesson Twelve How did the Delegates distribute powers between national and state governments?

What powers did the national government have over state governments and the people? One reason a convention was called was the concern that state governments were undermining Congress’s efforts to conduct foreign policy and fears some state governments were trying to limit individual rights Under the Articles of Confederation, Congress had NO power to enforce any laws they passed The delegates included several items in the Constitution that would set forth the powers of the federal government over the state governments FEDERALISM is the division of powers between state and federal governments

Powers of Federalism VENN In groups of 2-3, complete the following: (p. 86-90 in book and/or p. 6-9 in pocket constitution) 1. Place in order of importance, the powers of the federal government, state government and shared powers 2. Create a VENN diagram showing the power structure of FEDERALISM Federal State

Federalism On a separate piece of paper, create a VENN diagram

Phrases in the Constitution of Federal Supremacy Article 1, Section 6: states had the power to set the date, time and location of elections for senators and representatives but gave Congress the power to make changes Article 1, Section 8: Congress had power to set procedures for calling forth the militia into national service Article 4, Section 3: Congress had the power to create new states Article4, Section 4: Congress guarantees each state a “republican form of government” Article 4 Section 4: The national government is required to protect the states from invasion or domestic violence Article 6, Section 2: “SUPREMACY CLAUSE” makes the Constitution and all laws and treaties approved by Congress the supreme law of the land. Judges in state courts must follow the Constitution, federal laws and treaties if there is a conflict with state laws

What limits were placed on the National Government The Constitution contains several limits on federal governmental powers Cannot suspend HABEAS CORPUS unless in cases of rebellion or invasion Cannot pass ex post facto laws or bills of attainder Cannot suspend the right to trial by jury in criminal cases Defines the crime of treason narrrowly and specifically to protect against false accusations

Limits to protect political independence and rights of public officials Members of Congress cannot be arrested “during attendance at the session of their houses unless they commit treason, felony or breach of peace” Congress cannot impose a religious test for those holding national office If accused of misconduct in office, the impeachment clauses protect their right to fair trial The national government cannot take money from the treasury without an appropriations law nor can it grant titles of nobility

Limits on state governments State Governments CANNOT: Coin their own money Pass laws that enable people to violate contracts Make ex post facto laws or bills of attainder Enter into treaties with foreign nations or declare war Put taxes on imports or exports except what is necessary to pay for inspections Keep troops or ships of war in times of peace Unfairly discriminate against citizens of other states Refuse to return fugitives from justice from states they have fled (aimed at escaped slaves)

What issues were left unaddressed? Slavery Issue put off for at least 20 years. Slavery would eventually lead to war National Citizenship Each state had their own criteria, usually ownership of land Times, places and manner left up to states Voting Rights Only states that anyone eligible to vote in the states also can vote for the House of Representatives Did the States have the right to secede? Not addressed until the Civil War, when Lincoln went to war to prevent the southern states from seceding The balance between the Federal and State powers was and still is a delicate act

How did slavery affect the distribution of national and state powers? Many in the North believed slavery to be wrong & many northern states had begun to ban slavery Southerners believed slaves to be personal property and that it was the job of the government to protect their property. They also believed the states should decide on slavery not the national government Georgia, South Carolina and North Carolina made it clear they would not support any document that interfered with slavery Article 1, Section 2: 3/5th Compromise Article 4, Section 2: Fugitive Slave Clause Article 1, Section 9: Compromised the North’s want for Congress to control trade with the South’s deal that no law would be made about the importation of slaves for 20 years

Essays for Unit Two HOW DID THE CONSTITUTION LIMIT GOVERNMENT POWER TO PROTECT INDIVIDUAL RIGHTS WHILE PROMOTING THE COMMON GOOD? Why did the Federalists and Anti-Federalists disagree on whether the Constitution sufficiently protected individual rights and promoted the common good? What responsibilities, if any, do citizens have for seeing that individual rights are protected and the common good is promoted? WHAT WERE THE MAJOR CONFLICTS AT THE PHILADELPHIA CONVENTION AND HOW WERE THEY RESOLVED? What are arguments can you make for and against giving each state the right to send the same number of members to the Senate? What arguments can you make for and against including the 3/5ths clause and the fugitive slave clause in the Constitution? WHAT WERE THE MAJOR DIFFERENCES BETWEEN THE FEDERALISTS AND THE ANTI-FEDERALISTS? How did the arguments of the Federalists and the Anti-Federalists reflect their points of view regarding natural rights, republicanism, and the powers of the states? Why are the Federalist and Anti-Federalist debates still relevant today?

Vocabulary for Unit Two Antifederalists Ex Post Facto Proportional Representation Articles of Confederation Federal System Ratification Bill of Attainder Federalists Separation of Powers Bill of Rights Great Compromise Shared Powers Constitutional Convention Majority Tyranny Supremacy Clause Electoral College Neceassary & Proper Clause Tariff