Presentation on theme: "THE NATURE AND SOURCES OF AMERICAN FEDERALISM"— Presentation transcript:
1THE NATURE AND SOURCES OF AMERICAN FEDERALISM UNIT 11
2Preview Federalism: definition History Declaration of Independence and theory of social contractVirginia planNew Jersey planConstitutionBill of Rights
3FEDERAL GOVERNMENTA union of states which delegates specific powers to central governmentCitizens - subject to two jurisdictions: federal government and states.Federal powers: war, monetary system, foreign relations
4THE BEGINNINGS- A hundred years after Columbus’s first voyage, Sir Walter Raleigh claimed the whole of North America for England, calling it Virginia- Jamestown: 1st settlement (1607)
5The Pilgrim FathersThe Pilgrim Fathers sailed in the Mayflower in 1620;founded Plymouth;their society was to make real the ideals which had inspired them, as puritans, at home;
6THE THIRTEEN COLONIES Virginia (1607) Massachusetts (1620) New Hampshire (1623)Maryland (1634)Conneticut (c. 1635)Rhode Island (1636)Delaware (1638)North Carolina (1653)South Carolina (1663)New Jersey (1664)New York (1664)Pennsylvania (1682)Georgia (1732)
8THE COLONIAL GOVERNMENT 1750 each colony - a separate entity, with its own governor and legislative assemblyThe lower house of each legislature elected by adult white men who were property ownersThe upper houses, or councils, and the governors: chosen depending on the type of colony
9SELF GOVERNMENTEach colony had a representative assembly with authority to make laws covering most aspects of local lifeThe right to tax, to appropriate money for public works and public officials and to regulate internal trade, religion and social behaviorThe British government responsible for external matters, e.g. foreign affairs and trade
10PRE-REVOLUTIONARY EVENTS 1770 BOSTON MASSACRE: five members of rioting crowd killed by British soldiers sent to Boston to maintain order1773 BOSTON TEA PARTY: caused by tea tax. Group of colonists threw tea from three British ships into Boston harbour1774 INTOLERABLE ACTS: five laws adopted by Parliament limiting political freedom of colonists
12The Boston MassacrePresence of British troops in Boston - increasingly unwelcomeRiot began when about 50 citizens attacked a British guardBritish officer, Captain Thomas Preston, called in additional soldiers, who were attacked;the soldiers fired into the mob, killing 3 on the spot and wounding 8 others, two of whom died later
13The Boston Tea Party (Dec. 16, 1773) A group of Massachusetts Patriots, protesting the monopoly on American tea importation recently granted by Parliament to the East India Company, seized 342 chests of tea in a midnight raid on three tea ships and threw them into the harbor
14The Boston Tea Party (Dec. 16, 1773) About midnight, watched by a large crowd, a group disguised as Mohawk Indians boarded the ships and threw away the tea
15The Boston Tea Party (Dec. 16, 1773) It took nearly three hours for more than 100 colonists to empty the tea into Boston Harbor.The chests held more than 45 tons of tea, which would cost nearly $1,000,000 dollars today.
16The Boston Tea PartyTo Parliament, the Boston Tea Party confirmed Massachusetts's role as the core of resistance to British rule.The Coercive Acts (1774) -intended to punish the colony in general and Boston in particular, both for the Tea Party and for the pattern of resistance it exemplified.
17The Boston Port Act (March 30, 1774) A direct action against the city for the Boston tea partyThe port of Boston - closed to all shipping until full restitution was made to the East India Company and the King for the lost tea and taxesBostonians argued that the act punished the entire city rather than the few who were responsibleAs supplies in the city dwindled, other colonies began sending relief to the blockaded city
18Massachusetts Government Act (May 20, 1774) Designed to increase royal control over the colony's administrationAbrogating the colony's charter, the act stipulated that its executive council would no longer be democratically elected and its members would instead be appointed by the king
19The Administration of Justice Act (May 20, 1774) stated that royal officials could request a change of venue to another colony or Great Britain if charged with criminal acts in fulfilling their duties. allowed travel expenses to be paid to witnesses, but few colonists could afford to leave work to testify at a trial.
20The Administration of Justice Act (May 20, 1774) Many in the colonies felt it was unnecessary as British soldiers had received a fair trial after the Boston MassacreDubbed the "Murder Act", it was felt that it allowed royal officials to act with impunity and then escape justice.
21Reaction to Intollerable Acts Purpose of the acts - to detach and isolate the radical element in Massachusetts from the rest of the colonies while asserting the power of Parliament over the colonial assemblies.The harshness of the acts prevented this outcome as many in the colonies rallied to Massachusetts’s aid
22Reaction to Intollerable Acts Seeing their charters and rights under threat, colonial leaders formed committees of correspondence to discuss the repercussions of the Intolerable Acts
23Reaction to Intollerable Acts Result: convening the First Continental Congress at Philadelphia on Sept. 5Creating the Continental Association, the congress called for a boycott of all British goods.If the Intolerable Acts were not repealed within a year, the colonies agreed to halt exports to Britain as well as support Massachusetts if it was attacked.
24Reaction to Intollerable Acts Rather than exact punishment, North's legislation worked to pull the colonies together and pushed them down the road towards war.
25AMERICAN REVOLUTION (1775-1783) Struggle by which 13 colonies won independence from Great BritainIn 1776 a Continental Congress appointed two committees: one to draft the Declaration of Independence and the other to prepare a “form of confederation” among the colonies
26THE DECLARATION OF INDEPENDENCE (July 4, 1776) “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.- That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed”
27GRIEVANCES AGAINST THE KING He has kept among us, in times of peace, Standing Armies without the Consent of our legislaturesHe has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws
28GRIEVANCES AGAINST THE KING For cutting off our Trade with all parts of the worldFor imposing Taxes on us without our ConsentFor depriving us (...) of the benefits of Trial by JuryFor transporting us beyond Seas to be tried for pretended offences
29Grievances against the King (cont.) For taking away our charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our GovernmentsFor suspending our own Legislatures and declaring themselves invested with power to legislate for us in all cases whatsoeverHe has abdicated Government here, by declaring us out of his Protection and waging war against us (...)
30CONCLUSION“We, therefore, the Representatives of the United States of America, in General Congress Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good people of these Colonies, solemnly publish and declare, that these United Colonies are, and of Right ought to be, Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain is and ought to be totally dissolved...”
31THE CONTINENTAL CONGRESS Following the Declaration, the states joined together in a legislative assembly, the Continental Congress, in which each state had one voteMediated disputes among the states, raised and maintained the army, secured loans from European bankers, made military and commercial alliancesA temporary government without clearly defined powersTo establish its authority, the Congress enacted the Articles of Confederation in 1777
32ARTICLES OF CONFEDERATION Passed Nov. 15, 1777. Ratified, March 1, 1781 Article I. The Style of this confederacy shall be “The United States of America”Article II. Each state retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
33Article III.The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the securtiy 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 pretence whatever.
34CONFEDERATIONThe Articles proposed a loose confederation in which each state kept its sovereign independence and control over all its internal affairs.Certain powers, primarily relating to diplomacy and defense, were delegated to the Confederation Congress.
35CONFEDERATION CONGRESS One-house Congress in which each state had one vote, regardless of population or wealthThe Congress had military and diplomatic powers, but no authority to regulate commerce or to levy taxesThere was no governor or chief executive and no system of courts
36THE CONSTITUTIONAL CONVENTION Philadelphia, May-Sept. 1787 55 delegates, including George Washington, James Madison and Benjamin FranklinConflicts over how the people were to be represented in Congress, what to do about slavery, the powers of the president and the powers and functions of federal courts
37VIRGINIA PLANEdmund Randolph proposed that members of both houses of Congress be apportioned according to the population of each state; since the population in three states alone - Virginia, Pennsylvania, and Massachussetts - made up nearly half the country, the plan would have given these states control of the nationIn favor of a strong central government
38NEW JERSEY PLANWilliam Patterson’s plan favored small states, giving all states equal representation in a one-chamber Congress regardless of population.The more numerous small states could unify against the larger ones
39THE GREAT COMPROMISE (OR THE CONNETICUT COMPROMISE Roger Sherman: “Let the states have it both ways. Give the states an equal voice in the upper house, the Senate, and representation apportioned by population in the lower house, the House of Representatives
40SLAVERY The dispute over how to assign House seats to Southern states If seats were apportioned according to state populations that included slaves, Southern states would gain an advantageNorthern states pushed to exclude slaves from the population calculationsSouthern states resisted, thereatening to scuttle the Constitution
41SlaveryNorthern abolitionists agreed to the infamous clause in Article I that counted slaves as only three-fifths of a person and that barred Congress from ending the slave trade before 1808The settlement over slavery led the convention to accept the Great Compromise
42Article I, Section 3.Representatives shall be apportioned among the several states which may be included within this union, according to their respective numbers, /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/
43THE CONSITITUTION OF THE UNITED STATES (1788) Spells out in seven articles the powers of the federal government and the statesPrevents abuses of authority through the separation of powers
44The Constitution Legislative power: the Congress Executive power: the presidentJudicial power: the Supreme Court of the United States and other federal courts
45Checks and balancesSystem of checks and balances: none of the branches of government can dominate the others
46THE SUPREME LAWThe Constitution is the “supreme law”: states cannot make laws that conflict with federal lawsGuarantees to the people certain civil liberties and civil rights spelled out in the Bill of Rights
47THE BILL OF RIGHTS (1791) First ten amendments Safeguards freedom of speech, freedom of the press and freedom of religionA fair, open and speedy trial for people accused of crimesProhibits cruel and unusual punishmentsProtection against tyrannical government
48ARTICLE IAll legislative Powers shall be vested in a Congress of the United States, which shall consist of a Senate and House of RepresentativesThe House of Representatives shall be composed of members chosen every second year by the People of the several StatesThe House of Representatives shall choose their speaker and other officers; and shall have the sole Power of Impeachment
49Article IThe Senate of the US shall be composed of two Senators from each State, chosen by the Legislature thereof, for six yearsThe Vice President of the US shall be President of the SenateThe Senate shall have the sole power to try all impeachments. When the President of the US is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two-thirds of the members present
50THE LAW-MAKING PROCEDURE (ARTICLE I) Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not, if approved by two thirds of that House, it shall become a law
51ARTICLE IIThe executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be electedThe President shall be commander in chief of the army and navy of the United States
52The PresidentHe shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, with the advice and consent of the Senate (...) ambassadors, other public ministers and consuls, judges of the Supreme Court and all other officers of the United States, whose appointments are not herein otherwise provided for
53ARTICLE IIIThe judicial power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may (...) ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour
54Article IIIThe trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crime shall have been committed (...)
551st AMENDMENT (1791)Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
565th AMENDMENT (1791)No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation
576th AMENDMENTIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of Counsel for his defence.
5810th AMENDMENT (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
59AMENDMENT 15 (Ratified Feb. 3, 1870) The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color or previous condition of servitudeThe Congress shall have power to enforce this article by appropriate legislation
6019th AMENDMENT (Ratified August 18, 1920) The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any other State on account of sexCongress shall have power to enforce this article by appropriate legislation
61SUMMARY Social contract and natural rights as the basis of democracy Separation of powers: legislative (the Congress), executive (the President) and judicial (The Supreme Court of the U.S., federal courts); the system of checks and balancesNational powers: foreign relations, the power to declare war and make treaties, a uniform monetary systemState powers: any powers not delegated to the federal governmentConcurrent powers: levying taxes and regulating commerce
62Put the verbs in brackets into appropriate forms The Constitution _____(set up) a system of federalism, a dual system of government whereby powers _____(divide, passive) between the state governments and the central, also _____(know) as the national or federal, government.
63KeyThe Constitution set up a system of federalism, a dual system of government whereby powers are divided between the state governments and the central (also known as the national or federal) government.
64Fill in the missing words: Constitution, delegated, federal, granted The Constitution limits the ____government to____, or enumerated, powers. These are powers specifically listed in the____ as being _____to the federal government.
65KeyThe Constitution limits the federal government to delegated, or enumerated, powers. These are powers specifically listed in the Constitution as being granted to the federal government.
66Concurrent, exercised, federal, reserved, states Powers not given to the ___ government and not denied to the states are reserved to the ____or to the people. These are called____, or residual, powers. Certain powers, called ____powers, may be ____by both the federal government and state governments
67KeyPowers not given to the federal government and not denied to the states are reserved to the states or to the people. These are called reserved, or residual, powers. Certain powers, called concurrent powers, may be exercised by both the federal government and state governments.
68Fill in the missing words: citizen, resides, supreme, system Under the federal ____ each government is _____ within its own sphere. Every American is both a___ of the United States and of the state in which the citizen _____.
69KeyUnder the federal system each government is supreme within its own sphere. Every American is a citizen both of the United States and of the state in which the citizen resides.
70Powers not given to the federal government and not denied to the states are reserved to the states or to the people. These are called reserved, or residual, powers. Certain powers, called concurrent powers, may be exercised by both the federal government and state governments.