The Federalist Papers and Federalism 9/7/2011 Lecture 3
Clearly Stated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas. • understand why our national government works and why the American system of government is unique.
Office Hours • Tomorrow 8-12 • Free Constitutions for anyone who stops by
The Federalist Papers • A media campaign of 85 editorials • Published in New York Newspapers
The Compromise • The Federalists promised that a Bill of Rights would be added to the Constitution. • The main purpose of these amendments was to specify the list of protections for individual rights.
The Bill of Rights Addresses • Freedoms • Amendment 1 • Amendment 2 • Amendment 9 • Amendment 10 • Equality • Amendment 4 • Amendment 5 • Amendment 6 • Amendment 7 • Amendment 8 • Order • Amendment 3
Thoughts on Federalism "Every president of the United States since the Second World War as had a plan of a new revitalized federalism". Charles Robb- former Governor of Virginia. "There are two ways to empty a room in Washington: Hold a fund raiser for a defeated candidate or a debate on federalism" The New York Times
Confederations • Source of Authority • Where we see it today • Why use it?
Unitary • Source of Authority • Why Use it
Federalism is a system in which power is constitutionally divided between a central government and a sub-national or local government.
A Federalist System meets the following • The same people and territory are included in both levels of government. • The nation's constitution protects units at each level of government from encroachment by the other units. • Each unit is in a position to exert some leverage over the other.
Federalism is Not • The Same as Checks and Balances • The Same as the Federal Government (aka the national government)
Problems of the Articles • States took advantage of each other • States could ignore national law • States were unwilling to give up their power
The Constitution addresses this • Enumerated Powers • Implied Powers • Denying Powers to the States and Federal Govt
Enumerated Powers • Powers expressly given to the National Government • Most listed in Article I Section 8 of the Constitution
Implied Powers • Stem from the Elastic Clause (Article I, Sec 8)The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Application of Elastic Clause • McCulloch v. Maryland (1819) • Upholds the elastic clause
Powers Denied to the Federal Government • Article I Section 9 • Slavery Regulation • Keep trade flowing between the states • Titles of nobility
The Supremacy Clause (Article I, Sec 4) • National law is supreme • Immigration Battles
Things the States Gave Up • Article I Sec 9 • Have a standing army or navy • Printing paper currency
Things Prohibited to the States • Bill of Attainder • Ex Post Facto Laws
Gibbons v. Ogden (1824) • The States Lost the Power to Regulate Interstate Commerce • Federal Government has this exclusive right
Concurrent Powers • Power shared by Federal and State Governments • Power To Tax • Make laws protecting Public safety