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The Battle Over Federalism
How can we possibly balance the power of a National (Central/Federal) government with States’ rights to govern themselves?
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Let’s Write A Constitution!
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The Virginia Plan Strong National Union 3-Branch Government
Bicameral Legislature Congress is constructed through Direct Democracy Congress is the Ultimate Power. Selects President, Senate, and Judiciary Can Veto State laws!!!
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??? How would our nation look different today had the Constitution followed the Virginia Plan?
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The New Jersey Plan “Let’s just amend the Articles of Confederation.”
Each State has 1 vote in Congress. Congress is “a creature of the State governments”.
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??? Can you visualize New Jersey’s fear?
What would the nation look like today if the New Jersey Plan had become the Constitution?
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The Great Compromise Connecticut? Brainchild of Ben Franklin?
Bicameral Legislature Senate chosen by State Legislatures (???) Opposed by Madison (???) The first compromise causes a chain of them.
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Important Point Avoid Parliamentarianism
Madison continually defends “self-interest”
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The United States Constitution
We the people… More perfect Union Establish Justice Insure Domestic Tranquility Provide Common Defense Promote General Welfare Secure the Blessings of Liberty
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The United States Constitution
Article I ~ Legislature Article II ~ Executive Article III ~ Judiciary Article IV ~ Relationship with States Article V ~ How to Amend Article VI ~ Ultimate Law of the Land Article VII ~ How to Ratify
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The United States Constitution
Article VI, Section 2 is commonly known as the “Supremacy Clause”
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Enumerated Powers Only to the Federal Government Print Money
Declare War Make Treaties Regulate Interstate Commerce Conduct Foreign Affairs
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Reserved Powers Only for the States Issuance of Licenses
Intrastate Commerce
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Concurrent Powers Shared by States and Federal Collect Taxes
Build roads Borrow money Hold Court
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Why No Bill of Rights? Constitution already had:
Habeas corpus cannot be suspended No Bills of Attainder No ex post facto laws Criminal cases get trial by jury Interstate legal privileges No religious tests allowed Contracts are binding across States
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Why No Bill of Rights? States had Bills of their own
Alexander Hamilton argued against it The Federal Government can only do what we say it can do, so don’t say too much.
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Why No Bill of Rights? How could a Bill of Rights hamper Liberty?
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From your book p. 5 “Indeed, one of the most striking transformations of American politics has been the extent to which, in recent decades, almost every aspect of human life has found its way onto the governmental agenda.”
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The AntiFederalists Rise
The Metamorphosis Writing as “Cato” and “Brutus” George Clinton and others
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The AntiFederalists Rise
Arguments: Congress would tax heavily Supreme Court would overrule State Courts President would command a large, standing Army Montesquieu vs. Madison There MUST be a Bill of Rights
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“The Federalist” Brainchildren of James Madison, Alexander Hamilton, and John Jay All writing as “Publius”
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The Federalist Why are we writing these? The Danger of Foreign Powers
The Danger of Domestic Factions Handling the Economy Failure of the Articles of Confederation Common Defense and the Militia Taxation What happened at the Convention?
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The Federalist Powers given by the Constitution
Effect of the Constitution on the States Separation of Powers House of Representatives Senate Executive Judiciary Answering Objections Summation for Ratification
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Important Federalist Papers
#10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison)
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Important Federalist Papers
#51 ~ Checks and Balances. (Madison) #70 ~ The case for a strong President. (Hamilton) #78 ~ The use of Judicial Review. (Hamilton) #84 ~ Why we don’t need a Bill of Rights. (Hamilton)
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The Big Debates FEDERALISM
Sharing of powers between State and National Governments The original disagreement The Civil War The Voting Rights Act Defense of Marriage Act
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The Big Debates JUDICIAL REVIEW Did the Framers intend it?
John Marshall (F) vs. Thomas Jefferson (D-R) Marbury v. Madison McCulloch v. Maryland
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The Big Debates SLAVERY No mention in the Constitution
Hypocritical? (“All men are created equal.”) Economic? Just Practical? 3/5ths Compromise Effect? No import prohibitions until 1808 Escaped slaves must be returned (property)
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The Big Debates “The Framers chose to sidestep the issue in order to create a union that, they hoped, would eventually be strong enough to deal with the problem when it could no longer be postponed.” (p. 39) What effects did this choice have on long-term U.S. history? Was this a cowardly choice?
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The Big Debates FRAMERS saw a logical difference in the talents of men. The “worst” inequality was special political privilege Balance and Federal weakness were desirable TODAY we see liberty and equality in conflict Economic difference is the worst inequality. Federal Govt. must be strong to restrain this.
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The Big Debates ¾ of State Legislatures Approve
HOW WILL WE AMEND THIS CONSTITUTION? Proposing an Amendment: 2/3 of both Houses 2/3 of State Legislatures Ratifying an Amendment: ¾ of State Legislatures Approve ¾ of State Conventions Approve Usually 7 Years ~ P2 Never ~ R2 only the 21st
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Other Controversies Article I, Section 8, Final Provision:
Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” “Implied Powers” The so-called “Elastic Clause”. So much for Enumeration!
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Other Controversies The Nullification Controversy
Madison and Jefferson claim that States can declare acts of Congress “unconstitutional” Original case about Free Speech not heard John C Calhoun uses it in reference to Slavery Settled by the Civil War and subsequent Supreme Court cases
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Other Controversies Federal – State Relations All protected equally.
Will not be broken up. New states may be admitted. Taxes will be uniform. Senate will ALWAYS be 2 per State.
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Other Controversies State – State Relations “Full faith and credit”
Citizens have “privileges and immunities” Extradition
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Other Controversies State Options for Direct Democracy Initiative
Referendum Recall
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Other Controversies Article I, Section 8
Congress has the power “To regulate Commerce… …among the several States…”
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The pièce de résistance
BILL OF RIGHTS Madison wrote it, based on the VA Declaration of Rights he and George Mason had written in 1776. It was designed to LIMIT the Federal Government’s powers.
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Are we a union of states or a nation comprised of states?
Massive Question… Are we a union of states or a nation comprised of states?
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