The Battle for Ratification

1/23/2012

Clearly Communicated 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.

Opportunities to Discuss Course Content

• Today 12-2 (In a meeting from 11-12)

• Wednesday 10-2

Free Constitutions for anyone who stops by

Readings

• Federalist 10– http://www.constitution.org/fed/federa10.htm

• Chapter 3- Federalism

THE BATTLE FOR RATIFICATION

The Rules

• The Constitution states that "ratification of the CONVENTIONS of nine States shall be sufficient for the Establishment of this Constitution".

• The Constitution was sent to the states, and immediately two opposing camps evolved

The Federalist Papers

• A media campaign of 85 editorials

• Published in New York Newspapers

The Federalist 10

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

FEDERALISM

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

Federalism and Government Types

Confederations

• Source of Authority

• Where we see it today

• Why use it?

Unitary

• Source of Authority

• Why Use it

Unitary Governments in the World

SO WHAT IS FEDERALISM?

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)

Federalism Today

THE CONSTITUTIONAL BASIS OF FEDERALISM

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

POWERS DENIED TO THE STATES

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

Income Taxes By State

Interstate Relations :Privileges and Immunities

Interstate Relations: Full Faith and Credit of Public Records