Unit 11 American Federalism

1. Unit 11American Federalism

2. Federalism as a concept The term federalismdescribes a system of the government in which sovereignty is constitutionally divided between: - a central governing authority and - constituent political units (like states or provinces). The power to govern is shared between the national and state governments, creating what is often called a federation. Federal system (divided governing power) ≠ unitary system (one central government)

3. Federal systems in Europe Several Federal systems exist in Europe, such as in • Switzerland, • Austria, • Germany and Belgium Die Bundesrepublik Deutschland / Federal Republic of Germany

4. Readthetext on federalismand make notes /thinkofkeywords – PART I Federalism is a basic structural feature of the American political system … Federalism involves multiple layers of government with shared powers amongst them and powers unique to each of the levels of the government.

5. Readthetext on federalismand make notes /thinkofkeywords – PART II The three basic levels of American federalism are the national or federal government, the states, and the local governments (counties, cities, townships). Whereas most political systems of the world are unitary systems (one central government with local administrative branches taking direction from it), the American system is a system of divided government. This reflects the desire for limited government of the Founders. Consultalsothefollowingsourceofthe US Governement: http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm

6. Completethefollowingstatements. • Federalism is based on multiple _________ and on the ___________ between states and nation. • American federalism can be divided into three different _________. These are_________, __________ and ____________. • The basic structure of unitary political systems is _____________________. • The American system can be described as a system of ____________________.

7. KEY: thestatementsfederalism • Federalism is based on multiple layersofgovernment and on the sharedpowersbetween states and nation. • American federalism can be divided into three different levels. These arenational or federal government, the states, and the local governments. • The basic structure of unitary political systems is one central government with local administrative branches. • The American system can be described as a system of divided government.

8. Historicalbackground • June 7,1776, Richard Henry Lee introduced a motion in Congress to declare independencefromBritain for 13 American colonies • July 4, 1776 Congress adopted the final text of the Declaration of Independence(draftedbyThomas Jefferson). • 1783 – TreatyofParisUnder the terms of the treaty, Great Britain officially acknowledged the United States as a sovereign and independent nation. • 1781 - America’s first constitution, the Articlesof Confederation • May 25, 1787the Constitutional Convention opened in Philadelphia

9. The Virginia Plan (May, 1787)(proposed by Virginia delegates) • James Madison (1751 - 1836) drafted a proposalwhile he was waiting for a quorum to assemble at theConstitutionalConvention (alsocalled Philadelphia Convention). • Theproposal - a conception of a strongnational government.→The so-called Virginia plan -introduced on May 29 1787 by Madison’s colleague Edmund Randolph (alsoknown as Randolph Plan).

10. The plan provided for a two-house legislature with proportional representation in both houses • It gave Congress the broad power to legislate "in all cases to which the separate states are incompetent". • Had the Virginia plan been adopted intact, it would have created a government in which national authority remained unchallenged and state power was greatly diminished

11. The New Jersey plan (June, 1787) • The New Jersey Plan(also known as the Small State Plan or Paterson Plan) - a proposal for the structure of the US Governmentproposed by W. Patersonat the Philadelphia Convention on June 15, 1787. • created in response to the Virginia Plan (two houses of Congress, both elected with proportionalrepresentation) • The less populous states were opposed to giving most of the control of the national government to the larger states

12. The convention placed primary responsibility for the conduct of foreign affairs in the hands of the president, who was also designated commander-in-chief of the armed forces. • The final document oftheConstitutionstill showed signs of its origins in the Virginia plan, but compromises had created a system of government less powerful at the national level than Madison and Randolph had envisioned.

13. Sources of American federalism • The tenth amendment of the Constitution 2. The fourteenth amendment 3. The grant of unique powers of various levelsof government under theConstitution. 4. Numerous Supreme Court decisions (e.g., McCulloch v. Maryland in 1819, financial powers of central and state banks).

14. The importance of the Tenth Amendment of the Constitution of the USA The Tenth Amendment of 1791 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.

15. POWER* - collocations • theexerciseofpowerby... • thedivisionofpowerbetween... • theallocationofpowers... / to allocatepower to... • thepower to do something... • to delegate powers to somebody • to givepowers to somebody *power= ovlast • Translateinto Croatian. • Write sentence exampleswiththosecollocations.

16. Allocationofpowers* on threelevels… • Exclusivelynational/federalpowers • Exclusivelystatepowers • Concurrentpowers

17. Allocationofpowers- nationallevel… • To make treaties / enterintointernationalagreements • To decideaboutdeclaringwar / peace • To run a uniformmonetary system (to coinmoney) • To establish an army and navy • To regulate commerce between states and internationaltrade - To establish post offices and issue postage • To make laws necessary to enforce the Constitution

18. Allocationofpowers- statelevel… • In accordancewiththe 10th Amendment – → allpowersnotdelegated to thefederallevel • Establish localgovernments • Issuelicences(driver, hunting, marriage, etc.) • Regulate intrastate (within the state) commerce • Conduct elections • Ratify amendments to the U.S. Constitution • Provide for publichealthand safety • Exercise powers neither delegated to the national government or prohibited from the states by the U.S.Constitution (For example, setting legal drinking and smoking ages.)

19. Allocationofpowers– concurrentpowers… • Setting up courts • Creating and collecting taxes • Building highways • Borrowingmoney • Making and enforcing laws • Chartering banks and corporations • Spending money for the betterment of the general welfare • Taking (condemning) private property with just compensation • Related

20. The US Congress TheseatoftheCongress Bicameral legislative body The House of Representatives The Senate The Congress meets in the U.S. Capitol in Washington, D.C.

21. RepresentationintheCongressThe House of Representatives • Each of the 435 population-baseddistrictshasrepresentatives(The number of voting representatives in the House is fixed by law at no more than 435) + five delegates representing the District of Columbia, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. A resident commissioner represents Puerto Rico • Theyserve a two-year term. • "House" seats are apportionedamong the states by population. →proportionalrepresentation

22. Who are representativesintheHouse? – Theirduties • a representative must be at least 25 years old, • a United States citizen for at least seven years • an inhabitant of the state he or she represents. • DUTIES:representatives introduce bills and resolutions, offer amendments and serve on committees

23. RepresentationintheCongressThe Senate • one chamber of the federal government’s legislative branch • 100 Senators serve six-year terms. Each state has two senators, regardless of population. • approximately one-third of the total membership of the Senate is electedeverytwoyears

24. Who are Senators? – theirtasks • a Senator must be at least 30 years of age • have been a citizen of the United States for nine years, and, when elected, • be a resident of the statefrom which he or she is chosen. TASKS: • propose, author, and vote on federal legislation that touches upon all aspects of U.S. domestic and foreign policy. • provide advice and consent on executive nominations and treaties • conduct oversight of all branches of the federal government

25. Powersofthetwohouses • The US Constitutionvests all legislative power in the Congress. (Article I, SectionI) The House and Senate are equal partners in the legislative process - legislation cannot be enacted without the consent of both chambers • however, the Constitution grants each chamber some unique powers.

26. Uniguepowers • The Senate - approves treaties and presidential appointments. - has the sole power to try impeachment cases. • The House of Representatives • passes revenue-raising bills • has the sole power of impeachment

27. PART II – Constitutionofthe USA The U.S. Bill of Rights = thefirst 10 amendments, adoptedin 1791 Readthe ten amendmentsand provide eachofthemwithwith a short titel, summingupitsmainregulation. e.g. Amendment I – Religiousandpoliticalrightsofpeople

28. Languagework • Do thefollowingexercises: p. 99, ex. V and VI p. 102 – 103, ex. III and IV