How did the Constitution create a federal system?

How did the Constitution create a federal system?

Life under Britain, 1763-1783 Curse this monarchy! You ll pay your taxes because it s your duty! And you ll buy British tea! And I ll say who s a governor and who isn t. King George III 13 Colonies Parliament Ahh! VERY STRONG CENTRAL GOVERNMENT (BRITAIN) WEAK COLONIAL POWER (13 COLONIES) The people

Life under the Articles of Confederation Sorry, Congress, I gave at the office. We need money! Please! We need soldiers! Don t do that, Virginia! Hey, get along, you two! Hey! Shut up, Congress! 13 States We ll do what we like. Congress (in Philadelphia) Ahh! The people STRONG STATE POWER (13 STATE GOV TS) VERY WEAK CENTRAL POWER (CONGRESS)

Federalism: Striking the right balance KEY IDEA: The new Constitution had to strike a balance between individual state power and national government power. Constitution USA with Peter Sagal: Federalism

Ways to organize government Unitary government: A strong central government controls the state and local gov ts Central gov t can give/take away power at any time United Kingdom, France, Sweden Confederation: A weak central gov t controls only what is of national concern States have most control over their people and territory States can withdraw at any time Switzerland, the South during the Civil War

Ways to organize government Federal system (also called federalism): The sovereign people decide how to delegate their authority Sovereign: Having the highest rank of authority. National, state & local gov ts all share power The people keep their own powers

Life under federalism I ll look after state affairs and my people We ll work together on some things I ll look after national affairs and big issues... And I ll take care of me! State Govt s The People National Gov t PEOPLE give power to STATE GOV TS and CENTRAL GOV T, and all work together

Federalism in the U.S.

E Pluribus Unum, basis of federalism E Pluribus Unum = Out of many, one.

What may government do? The federal gov t may Create post offices Regulate interstate & foreign trade Declare/conduct war Create national currency State gov ts may Regulate trade within the state Establish public schools Create traffic/motor vehicle laws Regulate marriage/divorce practices

What may the governments do? The federal & state govt s both may Make their own laws Tax the people Borrow $$ Create court systems Provide for the people s health & welfare

What may the people do? The people may Believe what we wish Form/join organizations Choose careers Live where we wish Choose friends Travel inside/outside the country Raise a family

What may the gov t NOT do? The federal gov t may NOT Tax exports Spend $$ illegally Make laws that favor one state over another Exercise powers belonging to the states Suspend habeas corpus (except in emergencies)

What may the gov t NOT do? The state gov ts may NOT Coin/print $$ Form treaties with other nations Tax imports or exports Keep an army/navy in peace Engage in war unless under invasion or threat of invasion Federal & state gov ts may NOT Deny right to trial by jury Pass ex post facto laws or bills of attainder Grant titles of nobility

What is the supremacy clause? Supremacy Clause: Article VI, Section 2 of the Const., which states that the Const., Congress s laws, and U.S. treaties shall be the supreme Law of the Land and binding on the states.

HOMEWORK How would our country be different if we had a unitary system? A confederation? Give many specific examples.

How did the People approve the new Constitution?

Ratification Ratify: To confirm/approve 9 of 13 states needed for ratification of Constitution Federalists: Those who supported ratification of the Constitution The Federalist (also called The Federalist Papers): A series of essays by James Madison, Alexander Hamilton & John Jay supporting ratification Anti-Federalists: Those who opposed ratification of the Constitution

Why did Anti-Federalists oppose ratification? 1. The national government might have too much power 2. The Constitution might endanger republican government 3. A bill of rights may be needed

HOMEWORK What specific suspicions or frustrations do you suppose the Federalists and the Anti- Federalists felt about each other? Go beyond the obvious.

How did Congress organize the new government?

Organizing the executive branch George Washington = President John Adams = Vice-President Cabinet: President s circle of advisors, made up of the heads of each department Thomas Jefferson = Secretary of State Alexander Hamilton = Secretary of Treasury Henry Knox = Secretary of War Edmund Randolph = Attorney General

Organizing the judicial branch Judiciary Act of 1789: A law Congress passed to organize the federal court system; created the Supreme Court with 5 justices It also created lower courts: Federal district courts hear cases involving the Constitution Appellate courts hear cases that have been appealed after being tried in a lower court Each state also has its own court system

Bill of rights Bill of Rights (proposed 1789, ratified 1791) includes Freedom of religion, press, speech, assembly & petition Right to speedy, public jury trial Ninth Amendment says that the first 8 amendments are not the only rights the people have Tenth Amendment says that powers not delegated to the federal government, nor forbidden to the states or people, belong to the states or people

HOMEWORK Finish your I Have Rights? packet. It will be turned in separately for points.

How did political parties develop?

Political parties Political parties: Groups of people who join together because they have similar views on government Hamilton wanted a broad (general) view of the Constitution Jefferson wanted a narrow (strict) view of the Constitution Federalist Party: Those who favored Hamilton s views and generally a stronger national government (Democratic-)Republican Party: Those who favored Jefferson s views and a generally weaker national government

Economic disagreements Currency: The form of $$ a country uses Hamilton wanted to encourage manufacturing to solve the national debt by creating a national bank & paper $$ Jefferson believed agriculture was better for America a national bank was unconstitutional

Policy disagreements 1793: War breaks out again between France & Britain Jefferson wanted a close relationship with France Hamilton wanted a close relationship with Britain President Washington wanted neutrality

Alien & Sedition Acts 1796: Adams (Federalist) elected president Jefferson (Democratic-Republican) elected vice-president Alien & Sedition Acts: Laws passed under Adams that threatened deportation of French immigrants and made it illegal for writers/editors to criticize the government

HOMEWORK If you were alive in the 1790 s, do you think you would have been a Hamiltonian or a Jeffersonian? Why? Which system do you think best predicted today s government?

How does the Supreme Court use the power of judicial review?

What is judicial review? Judicial review: The power of courts to decide whether laws and actions of government are constitutional Null and void: A law that is null and void is not enforced and is considered unconstitutional The Constitution clearly gave the Supreme Court judicial review over the states but does it have power over the federal government?

Why was Marbury v. Madison important? Opinion of the court: The Court s decision and reasoning behind it Marbury v. Madison: 1803 Supreme Court case in which Chief Justice John Marshall struck down part of a congressional law (the Judiciary Act of 1789) and established judicial review over the federal government

HOMEWORK Do you find a problem with the idea that unelected judges with lifetime terms can strike down laws made by the people s representatives? Why or why not?

How does the U.S. Supreme Court determine the meaning of the words in the Constitution?

How do we interpret meanings? Interpret: To decide what words or phrases actually mean http://seaver.pepperdine.edu/academicintegrity/ What is an unreasonable search & seizure? How do we define unreasonable? Look it up in the dictionary? Try to figure out what the Framers thought? Examine how the word relates to natural rights and limited government? Look at what s reasonable and unreasonable nowadays, 225+ years after the Constitution was written? Look at previous court rulings?

How do judges interpret the Constitution? How do we interpret the Constitution? 1. The plain meaning of the words of the Constitution 2. The intention of the Framers 3. The Constitution is based on some fundamental principles of government 4. Today s social values and needs Second Amendment: A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

HOMEWORK Which method or methods of interpreting the Constitution do you think are best? Why?