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

2. 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.

3. 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.

4. 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.

5. 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

6. 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.

7. 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

8. 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.

9. 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.

10. 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