The Nature and Sources of American Federalism

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The Nature and Sources of American Federalism. 2nd May, 2011. What is federalism?. A system of government in which sovereignty is constitutionally divided between a central government and constituent units (cantons, states, provinces) - PowerPoint PPT Presentation

Transcript of The Nature and Sources of American Federalism

Page 1: The Nature and Sources of American Federalism
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Colonization of North America was due to the trading initiative of commercial companies and the religious intolerance in the mother country

The first colony was Virginia (established by the London Company in 1607)

Despite malaria, famine and the hostility of the Indians, the colony gradually flourished as a result of tobacco culture and grants of land to individual colonists

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In 1620, 102 ‘Pilgrim fathers’ (Puritans persecuted in England) sailed in the Mayflower to the New World and landed on the coast of Massachussets

The Mayflower Compact, drawn up for government in the new settlement, provided for the first democracy in America

The first settlements: Salem and Boston

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Conflict with Parliament because of taxation imposed (‘no taxation without representation’)

The Boston Tea Party (1773) In 1774 (First Continental Congress)

representatives of colonies petitioned King George III to repeal acts that were imposing severe taxes on them, but the King refused

This led to American Revolutionary War (1775-1783)

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A new nation:

In 1776 there were 13 weak British colonies in America (Virginia, Delaware, Pennsylvania, New Jersey, New York, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, North Carolina New Hampshire, Rhode Island)

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The Declaration of Independence, 1776 “We hold these truths to be self-evident, that all

men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness.”

Mainly written by Thomas Jefferson American colonists acted to win rights they felt

had been denied them as English subjects

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November 15, 1777 - Congress adopts the Articles of Confederation as the government of the new United States of America, pending ratification by the individual states. Under the Articles, Congress is the sole authority of the new national government.

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The Treaty of Paris of 1783, negotiated between the United States and Great Britain, ended the revolutionary war and recognized American independence.

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Under The Articles of Confederation it was a loose union of 13 states; the central government was too weak with too few powers

In 1787, at the initiative of Virginia, 55 delegates from the States met in Philadelphia to revise the Articles

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Drafted by James Madison, and presented by Edmund Randolph to the Constitutional Convention on May 29, 1787, the Virginia Plan proposed a strong central government composed of three branches: legislative (bicameral, proportional representation), executive and judicial (appointed by the legislature)

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After two weeks of debating the Virginia Plan, a counterproposal was put forth by William Patterson, which has become known as the New Jersey Plan (or the Small State Plan or the Patterson Plan). Patterson's ideas amounted to no more than a simple reshaping of the Articles of Confederation.

The plan once again offered the idea of a unicameral (one house) legislature in which all states would have an equal number of votes.

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The oldest Constitution still in force Sets the basic form of government: three

separate branches, each one having powers (“checks and balances”) over the others

Specifies the powers and duties of each federal branch of government

The ultimate power is given to the people

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“We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

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The first ten Constitutional Amendments Fundamental rights of any American The freedom of religion, speech, press, the

rights of peaceful assembly, the right of trial by jury

These rights cannot be taken away by any government or court

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1. Freedom of religion, speech, press, and assembly. Also, the right to petition the government.

2. Right to bear arms. 3. Troops may not be quartered in homes in peacetime. 4. No unreasonable searches or seizures. 5. Numerous protections against court action including

◦ Grand jury indictment required for serious crimes. ◦ No Double Jeopardy. ◦ A person cannot be forced to testify against themselves.

No loss of life, liberty, or property without due process.

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6. Right to a speedy, public, and impartial trial. 7. Jury trials are required in civil suits where value

exceeds $20. 8. No excessive bail or fines and no cruel or unusual

punishments. 9. Rights not listed are not necessarily denied. 10. Powers not given expressly to the United States

or denied to the states themselves are reserved to the states.

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The legislative branch of the federal government Article I of the Constitution: “All legislative power

herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

The Senate (100 Senators, two from each state) and the House of Representatives (435 elected members who represent the population of “congressional districts”)

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Congress makes all laws, decides about taxes and how money is spent

It regulates commerce among the states and with foreign countries

It sets rules for the naturalization of foreign citizens

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Elected every four years to a four-year term of office

Powers of the President: in the executive sphere - Commander in Chief of the Armed Forces, the effective source of administrative power, directs the negotiation of treaties, nominates all important executive officers

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In the legislative sphere: proposes legislation to Congress, can veto legislation already passed by Congress, can call it for special sessions and adress it by message or in person

In the judicial sphere: nominates to all the more important offices in the judicial branch, inclusing the Supreme Court

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A form of political organization in which the exercise of power is divided between two levels of government: the nation and the states

Exclusively national powers: foreign relations – declaring wars and making treaties; protecting a uniform monetary system - control of the power to coin money

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State powers: all powers not delegated to the federal government (the Tenth Amendment)

Concurrent powers: powers shared by both levels, such as levying taxes and regulating commerce

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The main instrument – the Supreme Court, which watches over the executive and legislative branch

It determines whether their laws and acts are in accordance with the Constitution

Chief Justice and 8 Associate Justices 11 federal courts of appeal 91 federal district courts

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The Constitution’s Framers set out a government in which no person or branch of government could become all-powerful

They divided the powers among lawmakers, judges and a chief executive

Each group can balance and check other’s powers

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http://www.youtube.com/watch?v=J0XNgH1RmIU

Complete the following:The legislative branch _________ the law.The executive branch _________ the law.The judicial branch __________ the law.

Which are powers of the Senate?Who can become a Senator?

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government, federal, states, powers, constitution, elective, cities, laws

The United States of America is a ___________ union of 50 states. The ____________ outlines the structure of the national ______________ and specifies its ______________ and activities. Other governmental activities are the responsibility of the individual ________________, which have their own constitutions and _____________. Within each state are counties, townships, ___________ and villages, each of which has its own _________________ government.

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The United States of America is a FEDERAL union of 50 states. The CONSTITUTION outlines the structure of the national GOVERNMENT and specifies its POWERS and activities. Other governmental activities are the responsibility of the individual STATES, which have their own constitutions and LAWS. Within each state are counties, townships, CITIES and villages, each of which has its own ELECTIVE government.

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Concurrent powers: the Constitution expressly gives the national government such important powers as levying taxes and regulating commerce, but it makes no effort to prohibit the states from also exercising such authority within their borders.

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