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Federal v. State—Who Has the Power?

Federal v. State—Who Has the Power?. What is federalism? Why is there tension between the federal government and state governments? What are examples of this tension throughout America’s history? . Federalism. The sharing of powers between two units: federal government and state government

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Federal v. State—Who Has the Power?

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  1. Federal v. State—Who Has the Power?

  2. What is federalism? • Why is there tension between the federal government and state governments? • What are examples of this tension throughout America’s history?

  3. Federalism • The sharing of powers between two units: federal government and state government • Each unit has the final authority in different areas • Citizens have obligations to both units

  4. Bill of Rights, 1791 The 10th Amendment reserved rights to states; it was ratified as protection against tyrannical government. The Bill of Rights to the U.S. Constitution, December 15, 1791.Records of the General Assembly, Executive Communications, Record Group 78, Library of Virginia.

  5. Virginia and Kentucky Resolutions, 1798 Reaction to the Alien and Sedition Act introduced the idea of inter-position—the right of a state to nullify a federal law. VIRGINIA. Published in Jedidiah Morse, The American Universal Geography. 3rd edition. 1796.  Alan M. Voorhees Collection at the Library of Virginia.

  6. Hartford Convention, 1814 Federalists from New England threatened to secede. The Hartford Convention or Leap No Leap / Wm. Charles, Sc. [Philadelphia : s.n.,] c1814. Library of Congress Prints and Photographs Division. http://www.loc.gov/pictures/item/2002708988/

  7. Nullification Crisis, 1832 John C. Calhoun rejected the high tariffs and instituted a nullification plan that allowed states to reject a law or secede. John C. Calhoun, by G. P. A. Healy, in the Museum of Fine Arts, Richmond. Virginia New York World's Fair Commission. Prints & Photographs. Library of Virginia.

  8. Virginia Convention, 1861 Delegates met to debate whether Virginia would join the seven other states that had already seceded from the Union. David Hunter Strother, Pending the Ordinance, Pierre Morand Memorial, Special Collections, Library of Virginia.

  9. Robert Latané Montague Waitman Thomas Willey Image from composite photograph of members of the Virginia Legislature, 1874. Virginia. General Assembly. House of Delegates. Library of Virginia. Hon. Waitman Thomas Willey of VA.[between 1855 and 1865]. Library of Congress Prints and Photographs Division. http://www.loc.gov/pictures/item/brh2003004376/PP/

  10. Waitman Willey’s Speech • March 4, 1861 • What document does not allow for secession? • 2. According to Willey, who has more power: the federal government or a state? • 3. Why did he think so?

  11. Robert Montague’s Speech, April 2, 1861 • According to Montague, does the federal government have the power to stop secession? • 2. What is Montague’s response to Willey’s argument against secession?

  12. The "Secession Movement," New York: Published by Currier & Ives, c1861. Library of Congress, Prints and Photographs Division. http://www.loc.gov/pictures/item/2003674576/

  13. Debate! • Should the states have the right to secede? • Does the federal government have the right to put down “rebellion” in states that secede?

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