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The Nature and Sources of American Federalism

The Nature and Sources of American Federalism. 2nd May, 2011. What is federalism?. A system of government in which sovereignty is constitutionally divided between a central government and constituent units (cantons, states, provinces)

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The Nature and Sources of American Federalism

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  1. The Nature and Sources of American Federalism 2nd May, 2011

  2. What is federalism? • A system of government in which sovereignty is constitutionally divided between a central government and constituent units (cantons, states, provinces) • A system in which the power to govern is shared between national and state governments thus creating a federation • Europe – Austria, Belgium, BIH, Germany, Russia, Switzerland, EU • Also – Australia, Brazil, Canada, China, India, Mexico, the USA

  3. Thesourcesof American federalism • 1492 – Columbus discovered America • 1585 – sir Walter Raleigh claims America for the Queen and names Virginia after her • 1607 – the first settlement called Jamestown founded • 1620 – the Pilgrim fathers arrive on the Mayflower and found Plymouth, Massachusetts

  4. The 13 colonies

  5. Three forms of colonies • The Charter (the Corporation) - founded under a charter granted by the king - the corporation of shareholders elected the government - Rhode Island and Conneticut • The Provincial: proprietory and royal colonies a) proprietory - ruled by the descendants of the founders - owners elected the governor and the assembly - Delaware, Maryland, Pennsylvania

  6. b) royal - the governor was appointed by the king on the advice of the Board of Trade (administrative agency supervising the colonies) - Georgia, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, South Carolina, Virginia

  7. The colonial governement • Threeorgansofgovernment: a) Thegovernor - directlyrepresentedtheCrown or theproprietor (owner) - powers: veto laws, appointjudgesandsheriffs, commandofthemilitia b) Thecouncil (theupperhouse) - consistedusuallyof 12 menof station andwealthappointedbytheCrown or theproprietor - functions: to advisethegovernor, topasslaws, thehighest court inthecolony

  8. c) Theassemby (thehouseofrepresentatives) - chosenbythepeopleandconsisted - chief legislative power (veto), TAXATION

  9. Events that led to revolution • 1770 – the Boston Massacre - British soldierskillfivemen who riotedagainst a new import taxlaw (theTownshendacts) • 1773 – the Boston Tea Party - most provisionsoftheTownshendactswererepealedbytheParliament but theduty on tea wasnot - a group ofcitizensboardedtheshipscarrying tea andthrew it intothesea • 1774 – theStampActof 1765 - it required all legal documents, newspapersandplaying cards to carry a taxstamp - as colonistswerenotrepresentedinthe British parliament, theyarguedtheycouldn’t betaxedby a lawpassedthere - no taxationwithoutrepresentation

  10. American Revolutionary War • also called American Independence War • lasted from 1775 until 1783 • Began as a war between the Kingdon of GB and the 13 colonies • Ended as a war between several European powers

  11. France, Spain and the Dutch Republic secretly provided supplies and weapons • After the Battle of Saratoga (1777), France openly entered into war, Spain and the Dutch Republic as allies campaigned in Europe and pushed the British out of Florida • Surrender of the second British army at the Siege of Yorktown in 1781 • 1783 – the Treaty of Paris ended the war and recognized the sovereignty of the states

  12. Legal aspects • 1775 – the Second Continental Congress assembled in Philadelphia, Pennsylvania • Consisted of delegates from the 13 colonies • By raising armies, directing startegies, appointing diplomats and making treaties, it acted as the de facto government of what was to become the USA • Adopted the US Declaration of Independence • Ratified the Articles of Confederation and Perpetual Union

  13. US Declaration of Independence • 4th July, 1776 (IndependenceDay) • Writtenprimarilyby Thomas Jefferson • Justifiedindependencefrom GB by: • listingcolonialgrievancesagainstthe king • asserting natural rights “Weholdthesetruths to beself-evident, that all men are createdequal, thattheyareendowedbytheirCreatorwithcertainunalienableRights, amongtheseare Life, LibertyandthepursuitofHappiness.”

  14. Articles of Confederation • 1st March, 1781 (Maryland) • The first writtenconstitutionofthe USA • Purpose: to specify how thegovernementwas to function • TheContinentalCongressbecamede jure Congressofthe Confederation inwhicheach state had one voteregardlessofpopulation or wealth • TheCongress had militarypowersandpowersofdipomacy, but no power to regulatecommerce or tax • Therewas no mentionof a chiefexecutiveofficial or a systemofcourts

  15. Article 1 • “The Style of this confederacy shall be “The United States of America” ” • Article 2 • “Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated.”

  16. Article 3 - "The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever."

  17. The US Constitution • 17th September, 1787bytheConstitutionalConventioninPhiladlphiaandratifiedbyconventionsineach state inthenameofthepeople • WorkoftheConstitutionalConvention • TheVirginia Plan • The New Jersey Plan theissues: representationintheCongress, slavery, powersandfunctionsofthepresidentandfederalcourts

  18. The Philadelphia Convention

  19. The Virginia Plan • draftedby James Madison (“TheFatheroftheConstitution”) andsponsoredby Edmund Randolph • Population-weightedrepresentation • A powerfulbicamerallegislaturewithaHouseanda Senate • Anexecutivechosenbylegislature • A judiciarywith life-time termsandvaguepowers • National legislaturewith power to veto state laws

  20. The New Jersey Plan • ProposedbyWilliamPaterson on behalfofsmallstates (Small State Plan) • Each state representedbyanequalnumberofrepresentatives • A unicamerallegislature • Anexecutiveappointedbythelegislature • A judicialbranchappointedbytheexecutive

  21. The Great Compromise • Proposed by Roger Sherman • The House of Representatives would represent the people • The Senate would represent the states • The president would be elected by electors

  22. How to assign the number of representatives to the southern states regarding slaves? • Infamous clause in Article 1 counting slaves as 3/5 of a person and barring the Congress from ending slave trade until 1808 “…which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons.”

  23. US Constitution • Consistsof a Preambleand 7 Articles • Preamble: a statementofpurpose • Article 1: Legislative Power • Article 2: Executive Power • Article 3: Judicial Power • Article 4: States’ PowersandLimits • Article 5: Amendments • Article 6: Federal Power • Article 7: Ratification

  24. The Preamble • “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

  25. The supreme law of the USA – states cannot pass laws conflicting with the Constitution • Guarantees certain rights and freedoms in the Bill of Rights (1791) – the first 10 amendments • 1st – freedom of speech, press, assembly and petition • 2nd – right to keep and bear arms • 3rd – protection from quartering of troops • 4th – protection from unreasonable search and seizure

  26. 5th – dueprocess, doublejeopardy, self-incrimination • 6th – trialbyjury, rightsoftheaccused, speedytrial, public trial, right to counsel “You have the right to remain silent. Anything you say or do can and will be held against you in the court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” The Miranda Warning (theMirandaRights) as a resultof Miranda v Arizona (1966)

  27. 7th – civil trial by jury • 8th – prohibition of excessive bail and cruel and unusual punishment • 9th – protection of right not specifically mentioned • 10 th – powers of state and people “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

  28. Thank you!

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