American Federalism

American Federalism

Federalism A system in which the power to govern is shared between national and state governments

History of the USA Columbus discovered America in 1492 Sir Walter Raleigh names Virginia after Queen Elizabeth I in 1585 The first settlement (Jamestown) founded in 1607 The Pilgrim fathers arrive on the Mayflower in 1620

The United States • A New Nation: • In 1776, there were 13 weak British colonies in America • Fight for independence

The Declaration of Independence • July 4, 1776 • Largely written by Thomas Jefferson • List of grievances against the King • List of rights of the people (unalienable rights, among these are Life, Liberty and pursuit of Happiness)

War for independence • American colonists acted to win rights they felt had been denied them as English subjects • “No taxation without representation” • Boston tea party (1773) • American Independence war lasted from 1775 until 1783

Articles of Confederation • The former colonies first operated under an agreement called The Articles of Confederation (1781) • a loose union of 13 states; the central government was too weak with too few powers

Constitutional Convention • In 1787, 55 delegates from the States met in Philadelphia to revise the Articles • The Virginia Plan and the New Jersey Plan • Instead they wrote a completely new document, the Constitution • Adopted by the thirteen states by 1790

The Virginia Plan • 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, executive, and judicial. • Bicameral legislation

The New Jersey Plan • 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.

The Constitution • 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

Preamble “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.”

The Bill of Rights • 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

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.

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.

Congress • 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”)

Powers of the Congress • 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

The President • Elected every four years to a four-year term of office • Elected directly by the voters • 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

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

Federalism • 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 • 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

The Federal Judiciary • 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

Checks and balances • 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

American Federalism