THE NATURE AND THE NATURE AND SOURCES OF AMERICAN SOURCES OF AMERICAN FEDERALISMFEDERALISM

UNIT 11UNIT 11

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Federalism: definitionFederalism: definition HistoryHistory Declaration of Independence and Declaration of Independence and

theory of social contracttheory of social contract Virginia planVirginia plan New Jersey planNew Jersey plan ConstitutionConstitution Bill of RightsBill of Rights

FEDERAL FEDERAL GOVERNMENTGOVERNMENT A union of states which delegates A union of states which delegates

specific powers to central specific powers to central governmentgovernment

Citizens - subject to two Citizens - subject to two jurisdictions: federal government jurisdictions: federal government and states. and states.

Federal powers: war, monetary Federal powers: war, monetary system, foreign relationssystem, foreign relations

THE BEGINNINGSTHE BEGINNINGS

- - A hundred years after A hundred years after Columbus’s first voyage, Sir Walter Columbus’s first voyage, Sir Walter Raleigh claimed the whole of North Raleigh claimed the whole of North America for England, calling it America for England, calling it VirginiaVirginia

- Jamestown: 1st settlement (1607)- Jamestown: 1st settlement (1607)

The Pilgrim FathersThe Pilgrim Fathers

The Pilgrim Fathers sailed in the The Pilgrim Fathers sailed in the Mayflower in 1620; Mayflower in 1620;

founded Plymouth; founded Plymouth; their society was to make real the their society was to make real the

ideals which had inspired them, ideals which had inspired them, as puritans, at home; as puritans, at home;

THE THIRTEEN THE THIRTEEN COLONIESCOLONIES Virginia (1607)Virginia (1607) Massachusetts (1620)Massachusetts (1620) New Hampshire (1623)New Hampshire (1623) Maryland (1634)Maryland (1634) Conneticut (c. 1635)Conneticut (c. 1635) Rhode Island (1636)Rhode Island (1636) Delaware (1638)Delaware (1638) North Carolina (1653)North Carolina (1653) South Carolina (1663)South Carolina (1663) New Jersey (1664)New Jersey (1664) New York (1664)New York (1664) Pennsylvania (1682)Pennsylvania (1682) Georgia (1732)Georgia (1732)

THE COLONIAL THE COLONIAL GOVERNMENTGOVERNMENT

1750 each colony - a separate entity, with its 1750 each colony - a separate entity, with its own governor and legislative assemblyown governor and legislative assembly

The lower house of each legislature elected The lower house of each legislature elected by adult white men who were property by adult white men who were property ownersowners

The upper houses, or councils, and the The upper houses, or councils, and the governors: chosen depending on the type of governors: chosen depending on the type of colonycolony

SELF GOVERNMENTSELF GOVERNMENT

Each colony had a representative assembly Each colony had a representative assembly with authority to make laws covering most with authority to make laws covering most aspects of local lifeaspects of local life

The right to tax, to appropriate money for The right to tax, to appropriate money for public works and public officials and to public works and public officials and to regulate internal trade, religion and social regulate internal trade, religion and social behaviorbehavior

The British government responsible for The British government responsible for external matters, e.g. foreign affairs and external matters, e.g. foreign affairs and tradetrade

PRE-REVOLUTIONARY PRE-REVOLUTIONARY EVENTSEVENTS

1770 BOSTON MASSACRE: five members of 1770 BOSTON MASSACRE: five members of rioting crowd killed by British soldiers sent to rioting crowd killed by British soldiers sent to Boston to maintain orderBoston to maintain order

1773 BOSTON TEA PARTY: caused by tea tax. 1773 BOSTON TEA PARTY: caused by tea tax. Group of colonists threw tea from three Group of colonists threw tea from three British ships into Boston harbourBritish ships into Boston harbour

1774 INTOLERABLE ACTS: five laws adopted 1774 INTOLERABLE ACTS: five laws adopted by Parliament limiting political freedom of by Parliament limiting political freedom of colonistscolonists

Boston Massacre Boston Massacre (March 5, 1770)(March 5, 1770)

The Boston MassacreThe Boston Massacre

PPresence of British troops in Boston resence of British troops in Boston -- increasingly unwelcome increasingly unwelcome

RRiot began when about 50 citizens iot began when about 50 citizens attacked a British attacked a British guardguard

British officer, Captain Thomas Preston, British officer, Captain Thomas Preston, called in additional soldiers, called in additional soldiers, whowho were were attackedattacked;;the soldiers fired into the mob, the soldiers fired into the mob, killing 3 on the spot and wounding 8 killing 3 on the spot and wounding 8 others, two of whom died laterothers, two of whom died later

The The Boston Tea Party Boston Tea Party ((DecDec.. 16, 1773 16, 1773)) AA group of Massachusetts group of Massachusetts

Patriots, protesting the monopoly Patriots, protesting the monopoly on American tea importation on American tea importation recently granted by Parliament to recently granted by Parliament to the East India Company, seized the East India Company, seized 342 chests of tea in a midnight 342 chests of tea in a midnight raid on three tea ships and threw raid on three tea ships and threw them into the harborthem into the harbor

The The Boston Tea Party Boston Tea Party ((DecDec.. 16, 1773 16, 1773)) About midnight, watched by a About midnight, watched by a

large crowd, a group disguised as large crowd, a group disguised as Mohawk Indians boarded the Mohawk Indians boarded the ships and ships and threw awaythrew away the tea the tea

The The Boston Tea Party Boston Tea Party ((DecDec.. 16, 1773 16, 1773)) It took nearly three hours for It took nearly three hours for

more than 100 colonists to empty more than 100 colonists to empty the tea into Boston Harbor. the tea into Boston Harbor.

The chests held more than 45 The chests held more than 45 tons of tea, which would cost tons of tea, which would cost nearly $1,000,000 dollars today.nearly $1,000,000 dollars today.

TThe Boston Tea Partyhe Boston Tea Party

To Parliament, the Boston Tea Party To Parliament, the Boston Tea Party confirmed Massachusetts's role as confirmed Massachusetts's role as the core of resistance to British rule. the core of resistance to British rule.

The Coercive Acts The Coercive Acts ((17741774) -) -intended intended to punish the colony in general and to punish the colony in general and Boston in particular, both for the Tea Boston in particular, both for the Tea Party and for the pattern of Party and for the pattern of resistance it exemplified.resistance it exemplified.

TThe Boston Port Act he Boston Port Act ((March 30, 1774March 30, 1774)) AA direct action against the city for the direct action against the city for the Boston Boston

tea partytea party The port of Boston The port of Boston -- closed to all shipping until closed to all shipping until

full restitution was made to the East India full restitution was made to the East India Company and the King for the lost tea and Company and the King for the lost tea and taxestaxes

Bostonians argued that the act punished the Bostonians argued that the act punished the entire city rather than the few who were entire city rather than the few who were responsibleresponsible

As supplies in the city dwindled, other colonies As supplies in the city dwindled, other colonies began sending relief to the blockaded citybegan sending relief to the blockaded city

Massachusetts Massachusetts Government Act Government Act ((May 20, May 20, 17741774)) DDesigned to increase royal control esigned to increase royal control

over the colony's administration over the colony's administration Abrogating the colony's charter, Abrogating the colony's charter,

the act stipulated that its the act stipulated that its executive council would no longer executive council would no longer be democratically elected and its be democratically elected and its members would instead be members would instead be appointed by the king appointed by the king

The The Administration of Administration of Justice ActJustice Act ( (May 20, May 20, 17741774)) stated that royal officials could stated that royal officials could

request a change of venue to request a change of venue to another colony or Great Britain if another colony or Great Britain if charged with criminal acts in charged with criminal acts in fulfilling their duties. allowed travel fulfilling their duties. allowed travel expenses to be paid to witnesses,expenses to be paid to witnesses, butbut few colonists could afford to few colonists could afford to leave work to testify at a trial. leave work to testify at a trial.

The The Administration of Administration of Justice ActJustice Act ( (May 20, May 20, 17741774)) Many in the colonies felt it was Many in the colonies felt it was

unnecessary as British soldiers unnecessary as British soldiers had received a fair trial after thehad received a fair trial after the Boston MassacreBoston Massacre

Dubbed the "Murder Act", it was Dubbed the "Murder Act", it was felt that it allowed royal officials felt that it allowed royal officials to act with impunity and then to act with impunity and then escape justice.escape justice.

Reaction to Reaction to Intollerable ActsIntollerable Acts Purpose of Purpose of the actsthe acts - - to detach and to detach and

isolate the radical element in isolate the radical element in Massachusetts from the rest of the Massachusetts from the rest of the colonies while asserting the power of colonies while asserting the power of Parliament over the colonial Parliament over the colonial assemblies.assemblies.

The harshness of the acts preventThe harshness of the acts preventeded this outcome as many in the colonies this outcome as many in the colonies rallied to Massachusetts’s aidrallied to Massachusetts’s aid

Reaction to Reaction to Intollerable ActsIntollerable Acts Seeing their charters and rights Seeing their charters and rights

under threat, colonial leaders under threat, colonial leaders formed committees of formed committees of correspondence to discuss the correspondence to discuss the repercussions of the Intolerable repercussions of the Intolerable ActsActs

Reaction to Reaction to Intollerable ActsIntollerable Acts Result:Result: convening convening the First Continental the First Continental

Congress at Philadelphia on SeptCongress at Philadelphia on Sept.. 5 5 CCreating the Continental Association, reating the Continental Association,

the congress called for a boycott of all the congress called for a boycott of all British goods. British goods.

If the Intolerable Acts were not repealed If the Intolerable Acts were not repealed within a year, the colonies agreed to within a year, the colonies agreed to halt exports to Britain as well as support halt exports to Britain as well as support Massachusetts if it was attacked. Massachusetts if it was attacked.

Reaction to Reaction to Intollerable ActsIntollerable Acts Rather than exact punishment, Rather than exact punishment,

North's legislation worked to pull North's legislation worked to pull the colonies together and pushed the colonies together and pushed them down the road towards war.them down the road towards war.

AMERICAN AMERICAN REVOLUTION (1775-REVOLUTION (1775-1783)1783) Struggle by which 13 colonies won Struggle by which 13 colonies won

independence from Great Britainindependence from Great Britain In 1776 a Continental Congress In 1776 a Continental Congress

appointed two committees: one to appointed two committees: one to draft the Declaration of draft the Declaration of Independence and the other to Independence and the other to prepare a “form of confederation” prepare a “form of confederation” among the coloniesamong the colonies

THE DECLARATION OF THE DECLARATION OF INDEPENDENCE INDEPENDENCE

(July 4, 1776)(July 4, 1776) ““We hold these truths to be self-We hold these truths to be self-

evident, that all men are created equal, evident, that all men are created equal, that they are endowed by their Creator that they are endowed by their Creator with certain inalienable Rights, that with certain inalienable Rights, that among these are Life, Liberty, and the among these are Life, Liberty, and the Pursuit of Happiness.- That to secure Pursuit of Happiness.- That to secure these rights, Governments are these rights, Governments are instituted among men, deriving their instituted among men, deriving their just powers from the consent of the just powers from the consent of the governed”governed”

GRIEVANCES AGAINST THE GRIEVANCES AGAINST THE KINGKING

He has kept among us, in times of He has kept among us, in times of peace, Standing Armies without peace, Standing Armies without the Consent of our legislaturesthe Consent of our legislatures

He has combined with others to He has combined with others to subject us to a jurisdiction foreign subject us to a jurisdiction foreign to our constitution, and to our constitution, and unacknowledged by our lawsunacknowledged by our laws

GRIEVANCES AGAINST GRIEVANCES AGAINST THE KINGTHE KING

For cutting off our Trade with all For cutting off our Trade with all parts of the worldparts of the world

For imposing Taxes on us without For imposing Taxes on us without our Consentour Consent

For depriving us (...) of the For depriving us (...) of the benefits of Trial by Jurybenefits of Trial by Jury

For transporting us beyond Seas For transporting us beyond Seas to be tried for pretended offencesto be tried for pretended offences

Grievances against the King (cont.)Grievances against the King (cont.)

For taking away our charters, abolishing our For taking away our charters, abolishing our most valuable Laws, and altering most valuable Laws, and altering fundamentally the Forms of our Governmentsfundamentally the Forms of our Governments

For suspending our own Legislatures and For suspending our own Legislatures and declaring themselves invested with power to declaring themselves invested with power to legislate for us in all cases whatsoeverlegislate for us in all cases whatsoever

He has abdicated Government here, by He has abdicated Government here, by declaring us out of his Protection and waging declaring us out of his Protection and waging war against us (...)war against us (...)

CONCLUSIONCONCLUSION

““We, therefore, the Representatives of the United We, therefore, the Representatives of the United States of America, in General Congress States of America, in General Congress Assembled, appealing to the Supreme Judge of Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, the world for the rectitude of our intentions, do, in the Name, and by Authority of the good people in the Name, and by Authority of the good people of these Colonies, solemnly publish and declare, of these Colonies, solemnly publish and declare, that these United Colonies are, and of Right that these United Colonies are, and of Right ought to be, Free and Independent States; that ought to be, Free and Independent States; that they are Absolved from all Allegiance to the they are Absolved from all Allegiance to the British Crown, and that all political connection British Crown, and that all political connection between them and the State of Great Britain is between them and the State of Great Britain is and ought to be totally dissolved...”and ought to be totally dissolved...”

THE CONTINENTAL THE CONTINENTAL CONGRESSCONGRESS

Following the Declaration, the states joined Following the Declaration, the states joined together in a legislative assembly, the together in a legislative assembly, the Continental Congress, in which each state Continental Congress, in which each state had one votehad one vote

Mediated disputes among the states, raised Mediated disputes among the states, raised and maintained the army, secured loans from and maintained the army, secured loans from European bankers, made military and European bankers, made military and commercial alliancescommercial alliances

A temporary government without clearly A temporary government without clearly defined powersdefined powers

To establish its authority, the Congress To establish its authority, the Congress enacted the Articles of Confederation in 1777enacted the Articles of Confederation in 1777

ARTICLES OF CONFEDERATIONARTICLES OF CONFEDERATIONPassed Nov. 15, 1777. Ratified, March 1, Passed Nov. 15, 1777. Ratified, March 1,

17811781

Article I. The Style of this confederacy Article I. The Style of this confederacy shall be “The United States of America”shall be “The United States of America”

Article II. Each state retains its Article II. Each state retains its sovereignty, freedom and sovereignty, freedom and independence, and every power, independence, and every power, jurisdiction and right, which is not by jurisdiction and right, which is not by this Confederation expressly delegated this Confederation expressly delegated to the United States, in Congress to the United States, in Congress assembled.assembled.

Article III.Article III.

The said States hereby severally enter The said States hereby severally enter into a firm league of friendship with into a firm league of friendship with each other, for their common defence, each other, for their common defence, the securtiy of their liberties, and their the securtiy of their liberties, and their mutual and general welfare, binding mutual and general welfare, binding themselves to assist each other, against themselves to assist each other, against all force offered to, or attacks made all force offered to, or attacks made upon them, or any of them, on account upon them, or any of them, on account of religion, sovereignty, trade, or any of religion, sovereignty, trade, or any other pretence whatever.other pretence whatever.

CONFEDERATIONCONFEDERATION

The Articles proposed a loose The Articles proposed a loose confederation in which each state confederation in which each state kept its sovereign independence and kept its sovereign independence and control over all its internal affairs. control over all its internal affairs.

Certain powers, primarily relating to Certain powers, primarily relating to diplomacy and defense, were diplomacy and defense, were delegated to the Confederation delegated to the Confederation Congress.Congress.

CONFEDERATION CONFEDERATION CONGRESSCONGRESS

One-house Congress in which each One-house Congress in which each state had one vote, regardless of state had one vote, regardless of population or wealthpopulation or wealth

The Congress had military and The Congress had military and diplomatic powers, but no diplomatic powers, but no authority to regulate commerce or authority to regulate commerce or to levy taxesto levy taxes

There was no governor or chief There was no governor or chief executive and no system of courtsexecutive and no system of courts

THE CONSTITUTIONAL THE CONSTITUTIONAL CONVENTIONCONVENTION

Philadelphia, May-Sept. 1787Philadelphia, May-Sept. 1787 55 delegates, including George 55 delegates, including George

Washington, James Madison and Washington, James Madison and Benjamin Franklin Benjamin Franklin

Conflicts over how the people were to Conflicts over how the people were to be represented in Congress, what to be represented in Congress, what to do about slavery, the powers of the do about slavery, the powers of the president and the powers and president and the powers and functions of federal courtsfunctions of federal courts

VIRGINIA PLANVIRGINIA PLAN

Edmund Randolph proposed that Edmund Randolph proposed that members of both houses of Congress be members of both houses of Congress be apportioned according to the population apportioned according to the population of each state; since the population in of each state; since the population in three states alone - Virginia, three states alone - Virginia, Pennsylvania, and Massachussetts - Pennsylvania, and Massachussetts - made up nearly half the country, the made up nearly half the country, the plan would have given these states plan would have given these states control of the nationcontrol of the nation

In favor of a strong central governmentIn favor of a strong central government

NEW JERSEY PLANNEW JERSEY PLAN

William Patterson’s plan favored William Patterson’s plan favored small states, giving all states small states, giving all states equal representation in a one-equal representation in a one-chamber Congress regardless of chamber Congress regardless of population.population.

The more numerous small states The more numerous small states could unify against the larger could unify against the larger onesones

THE GREAT COMPROMISETHE GREAT COMPROMISE

((OR THE CONNETICUT COMPROMISEOR THE CONNETICUT COMPROMISE

Roger Sherman: “Let the states Roger Sherman: “Let the states have it both ways. Give the states have it both ways. Give the states an equal voice in the upper an equal voice in the upper house, the Senate, and house, the Senate, and representation apportioned by representation apportioned by population in the lower house, the population in the lower house, the House of RepresentativesHouse of Representatives

SLAVERYSLAVERY

The dispute over how to assign House The dispute over how to assign House seats to Southern statesseats to Southern states

If seats were apportioned according to If seats were apportioned according to state populations that included slaves, state populations that included slaves, Southern states would gain an Southern states would gain an advantageadvantage

Northern states pushed to exclude Northern states pushed to exclude slaves from the population calculationsslaves from the population calculations

Southern states resisted, thereatening Southern states resisted, thereatening to scuttle the Constitutionto scuttle the Constitution

SlaverySlavery

Northern abolitionists agreed to the Northern abolitionists agreed to the infamous clause in Article I that infamous clause in Article I that counted slaves as only three-fifths of counted slaves as only three-fifths of a person and that barred Congress a person and that barred Congress from ending the slave trade before from ending the slave trade before 18081808

The settlement over slavery led the The settlement over slavery led the convention to accept the Great convention to accept the Great CompromiseCompromise

Article I, Section 3.Article I, Section 3.

Representatives shall be apportioned Representatives shall be apportioned among the several states which may be among the several states which may be included within this union, according to included within this union, according to their respective numbers, /their respective numbers, /which shall which shall be determined by adding to the whole be determined by adding to the whole number of free persons, including those number of free persons, including those bound to service for a term of years, bound to service for a term of years, and excluding Indians not taxed, three and excluding Indians not taxed, three fifths of all other persons/fifths of all other persons/

THE CONSITITUTION OF THE THE CONSITITUTION OF THE UNITED STATES (1788)UNITED STATES (1788)

Spells out in seven articles the Spells out in seven articles the powers of the federal government powers of the federal government and the statesand the states

Prevents abuses of authority Prevents abuses of authority through the separation of powersthrough the separation of powers

The ConstitutionThe Constitution

Legislative power: the CongressLegislative power: the Congress Executive power: the presidentExecutive power: the president Judicial power: the Supreme Court Judicial power: the Supreme Court

of the United States and other of the United States and other federal courtsfederal courts

Checks and balancesChecks and balances

System of checks and balances: System of checks and balances: none of the branches of none of the branches of government can dominate the government can dominate the othersothers

THE SUPREME LAWTHE SUPREME LAW

The Constitution is the “supreme The Constitution is the “supreme law”: states cannot make laws law”: states cannot make laws that conflict with federal lawsthat conflict with federal laws

Guarantees to the people certain Guarantees to the people certain civil liberties and civil rights civil liberties and civil rights spelled out in the Bill of Rightsspelled out in the Bill of Rights

THE BILL OF RIGHTSTHE BILL OF RIGHTS(1791)(1791)

First ten amendmentsFirst ten amendments Safeguards freedom of speech, freedom of Safeguards freedom of speech, freedom of

the press and freedom of religionthe press and freedom of religion A fair, open and speedy trial for people A fair, open and speedy trial for people

accused of crimesaccused of crimes Prohibits cruel and unusual punishmentsProhibits cruel and unusual punishments Protection against tyrannical governmentProtection against tyrannical government

ARTICLE IARTICLE I

All legislative Powers shall be vested in a All legislative Powers shall be vested in a Congress of the United States, which shall Congress of the United States, which shall consist of a Senate and House of consist of a Senate and House of RepresentativesRepresentatives

The House of Representatives shall be The House of Representatives shall be composed of members chosen every composed of members chosen every second year by the People of the several second year by the People of the several StatesStates

The House of Representatives shall choose The House of Representatives shall choose their speaker and other officers; and shall their speaker and other officers; and shall have the sole Power of Impeachmenthave the sole Power of Impeachment

Article IArticle I

The Senate of the US shall be composed The Senate of the US shall be composed of two Senators from each State, chosen of two Senators from each State, chosen by the Legislature thereof, for six yearsby the Legislature thereof, for six years

The Vice President of the US shall be The Vice President of the US shall be President of the SenatePresident of the Senate

The Senate shall have the sole power to The Senate shall have the sole power to try all impeachments. When the President try all impeachments. When the President of the US is tried, the Chief Justice shall of the US is tried, the Chief Justice shall preside: And no person shall be convicted preside: And no person shall be convicted without the concurrence of two-thirds of without the concurrence of two-thirds of the members presentthe members present

THE LAW-MAKING THE LAW-MAKING PROCEDURE (ARTICLE I)PROCEDURE (ARTICLE I)

Every bill which shall have passed Every bill which shall have passed the House of Representatives and the House of Representatives and the Senate, shall, before it the Senate, shall, before it becomes a law, be presented to becomes a law, be presented to the President of the United States; the President of the United States; if he approve he shall sign it, but if he approve he shall sign it, but if not, if approved by two thirds of if not, if approved by two thirds of that House, it shall become a lawthat House, it shall become a law

ARTICLE IIARTICLE II

The executive power shall be vested in The executive power shall be vested in a President of the United States of a President of the United States of America. He shall hold his office during America. He shall hold his office during the term of four years, and, together the term of four years, and, together with the Vice President, chosen for the with the Vice President, chosen for the same term, be electedsame term, be elected

The President shall be commander in The President shall be commander in chief of the army and navy of the chief of the army and navy of the United StatesUnited States

The PresidentThe President

He shall have power, by and with the He shall have power, by and with the advice and consent of the Senate, to advice and consent of the Senate, to make treaties, provided two-thirds of make treaties, provided two-thirds of the Senators present concur; and he the Senators present concur; and he shall nominate, with the advice and shall nominate, with the advice and consent of the Senate (...) consent of the Senate (...) ambassadors, other public ministers ambassadors, other public ministers and consuls, judges of the Supreme and consuls, judges of the Supreme Court and all other officers of the Court and all other officers of the United States, whose appointments are United States, whose appointments are not herein otherwise provided for not herein otherwise provided for

ARTICLE IIIARTICLE III

The judicial power of the United The judicial power of the United States, shall be vested in one States, shall be vested in one supreme Court, and in such supreme Court, and in such inferior courts as the Congress inferior courts as the Congress may (...) ordain and establish. The may (...) ordain and establish. The judges, both of the supreme and judges, both of the supreme and inferior courts, shall hold their inferior courts, shall hold their offices during good behaviour offices during good behaviour

Article IIIArticle III

The trial of all crimes, except in The trial of all crimes, except in cases of impeachment, shall be cases of impeachment, shall be by jury; and such trial shall be by jury; and such trial shall be held in the state where the said held in the state where the said crime shall have been committed crime shall have been committed (...)(...)

1st AMENDMENT (1791)1st AMENDMENT (1791)

Congress shall make no law respecting Congress shall make no law respecting an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; prohibiting the free exercise thereof; or abridging the freedom of speech, or or abridging the freedom of speech, or of the press; or the right of the people of the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the government for a redress of the government for a redress of grievancesgrievances

5th AMENDMENT (1791)5th AMENDMENT (1791)

No person shall be...deprived of No person shall be...deprived of life, liberty, or property, without life, liberty, or property, without due process of law; nor shall due process of law; nor shall private property be taken for private property be taken for public use without just public use without just compensationcompensation

6th AMENDMENT 6th AMENDMENT

In all criminal prosecutions, the accused shall In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by enjoy the right to a speedy and public trial, by an impartial jury of the State and district an impartial jury of the State and district wherein the crime shall have been committed, wherein the crime shall have been committed, which district shall have been previously which district shall have been previously ascertained by law, and to be informed of the ascertained by law, and to be informed of the nature and cause of the accusation; to be nature and cause of the accusation; to be confronted with the witnesses against him; to confronted with the witnesses against him; to have compulsory process for obtaining have compulsory process for obtaining witnesses in his favor, and to have the witnesses in his favor, and to have the assistance of Counsel for his defence.assistance of Counsel for his defence.

10th AMENDMENT (1791)10th AMENDMENT (1791)

The powers not delegated to the The powers not delegated to the United States by the Constitution, nor United States by the Constitution, nor prohibited by it to the States, are prohibited by it to the States, are reserved to the States respectively, or reserved to the States respectively, or to the peopleto the people

AMENDMENT 15AMENDMENT 15(Ratified Feb. 3, 1870)(Ratified Feb. 3, 1870)

The right of citizens of the United The right of citizens of the United States to vote shall not be denied or States to vote shall not be denied or abridged by the United States or by abridged by the United States or by any State on account of race, color any State on account of race, color or previous condition of servitudeor previous condition of servitude

The Congress shall have power to The Congress shall have power to enforce this article by appropriate enforce this article by appropriate legislationlegislation

19th AMENDMENT 19th AMENDMENT (Ratified August 18, 1920)(Ratified August 18, 1920)

The right of citizens of the United The right of citizens of the United States to vote shall not be denied States to vote shall not be denied or abridged by the United States or abridged by the United States or by any other State on account or by any other State on account of sexof sex

Congress shall have power to Congress shall have power to enforce this article by appropriate enforce this article by appropriate legislationlegislation

SUMMARYSUMMARY

Social contract and natural rights as the basis of Social contract and natural rights as the basis of democracydemocracy

Separation of powers: legislative (the Congress), Separation of powers: legislative (the Congress), executive (the President) and judicial (The Supreme executive (the President) and judicial (The Supreme Court of the U.S., federal courts); the system of checks Court of the U.S., federal courts); the system of checks and balancesand balances

National powers: foreign relations, the power to National powers: foreign relations, the power to declare war and make treaties, a uniform monetary declare war and make treaties, a uniform monetary systemsystem

State powers: any powers not delegated to the federal State powers: any powers not delegated to the federal governmentgovernment

Concurrent powers: levying taxes and regulating Concurrent powers: levying taxes and regulating commercecommerce

Put the verbs in Put the verbs in brackets into brackets into appropriate formsappropriate forms The Constitution _____(set up) a The Constitution _____(set up) a

system of federalism, a dual system of federalism, a dual system of government whereby system of government whereby powers _____(divide, passive) powers _____(divide, passive) between the state governments between the state governments and the central, also _____(know) and the central, also _____(know) as the national or federal, as the national or federal, government.government.

KeyKey

The Constitution The Constitution set upset up a system a system of federalism, a dual system of of federalism, a dual system of government whereby powers government whereby powers areare divided divided between the state between the state governments and the central governments and the central (also (also knownknown as the national or as the national or federal) government.federal) government.

Fill in the missing words: Fill in the missing words: Constitution, delegated, Constitution, delegated, federal, grantedfederal, granted The Constitution limits the The Constitution limits the

____government to____, or ____government to____, or enumerated, powers. These are enumerated, powers. These are powers specifically listed in powers specifically listed in the____ as being _____to the the____ as being _____to the federal government.federal government.

KeyKey

The Constitution limits the The Constitution limits the federalfederal government to government to delegateddelegated, or enumerated, , or enumerated, powers. These are powers powers. These are powers specifically listed in the specifically listed in the ConstitutionConstitution as being as being grantedgranted to the federal government.to the federal government.

Concurrent, exercised, Concurrent, exercised, federal, reserved, federal, reserved, statesstates Powers not given to the ___ Powers not given to the ___

government and not denied to the government and not denied to the states are reserved to the ____or to states are reserved to the ____or to the people. These are called____, or the people. These are called____, or residual, powers. Certain powers, residual, powers. Certain powers, called ____powers, may be ____by called ____powers, may be ____by both the federal government and both the federal government and state governmentsstate governments

KeyKey

Powers not given to the Powers not given to the federalfederal government and not denied to the government and not denied to the states are reserved to the states are reserved to the statesstates or or to the people. These are called to the people. These are called reservedreserved, or residual, powers. , or residual, powers. Certain powers, called Certain powers, called concurrentconcurrent powers, may be exercised by both powers, may be exercised by both the federal government and state the federal government and state governments.governments.

Fill in the missing words: Fill in the missing words: citizen, resides, supreme, citizen, resides, supreme, systemsystem

Under the federal ____ each Under the federal ____ each government is _____ within its government is _____ within its own sphere. Every American is own sphere. Every American is both a___ of the United States and both a___ of the United States and of the state in which the citizen of the state in which the citizen _____._____.

KeyKey

Under the federal Under the federal systemsystem each each government is government is supremesupreme within within its own sphere. Every American is its own sphere. Every American is a citizen both of the United States a citizen both of the United States and of the state in which the and of the state in which the citizen citizen residesresides..

Powers not given to the federal Powers not given to the federal government and not denied to the government and not denied to the states are reserved to the states or states are reserved to the states or to the people. These are called to the people. These are called reserved, or residual, powers. reserved, or residual, powers. Certain powers, called concurrent Certain powers, called concurrent powers, may be exercised by both powers, may be exercised by both the federal government and state the federal government and state governments.governments.

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