American Federalism

1. American Federalism

2. Colonial Period • 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

3. ‘Pilgrim Fathers’ • 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

4. New colonies • Religious intolerance caused many settlers to leave and found new colonies (Rhode Island, Connecticut, New Hampshire) • Proprietary colonies granted by the English king to individuals (Maryland, Pennsylvania, New Jersey)

5. New York • Dutch refugees from France and Holland purchased the island of Manhattan. • In 1626, Peter Minuit, the Governor of this colony named it as New Amsterdam. Though the harbor of New Amsterdam was suitable for trade, Dutch colonists made money through piracy. New Amsterdam colony was surrounded by English colonies. This well-situated harbor tempted the British. They attacked New Amsterdam in 1664 and it was renamed as New York after the Duke of York.

6. The United States • 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)

7. American Revolutionary War • Conflict with Parliament because of taxation imposed (‘no taxation without representation’) • The Boston Tea Party (1773) • In 1774 (First Continental Congress) representatives of 13 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)

8. The Declaration of Independence, 1776 • 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

9. The Constitutional Convention • The former colonies first operated under an agreement called The Articles of Confederation (Second Continental Congress, 1781) • 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

10. The Constitution • The Virginia Plan and the New Jersey Plan • ‘The Great Compromise’ • Instead they wrote a completely new document, the Constitution • Adopted by the thirteen states by 1790

11. 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 (bicameral, proportional representation), executive and judicial (appointed by the legislature)

12. James Madison • James Madison, Jr. (March 16, 1751 – June 28, 1836) was an American politician and political philosopher who served as the fourth President of the United States (1809–1817) and is considered one of the Founding Fathers of the United States. • He was the principal author of the US Constitution, and is often called the “Father of the Constitution”. • A leader in the 1st United States Congress, drafting many basic laws, responsible for the first ten amendments to the Constitution and thus is also known as the “Father of the Bill of Rights”. • As a political theorist, Madison’s most distinctive belief was that the new republic needed checks and balances to protect individual rights from the tyranny of the majority.

13. 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.

14. From the Patterson’s plan • Patterson advanced one highly valuable idea: • "All acts of the United States in Congress made in pursuance of the powers hereby and by the articles of confederation vested in them, and all Treaties made and ratified under the authority of the United States shall be the supreme law of the respective States . . . and the Judiciary of the several States shall be bound thereby in their decisions, anything in the respective laws of the individual States to the contrary notwithstanding." • This was an expression of the supremacy of federal law; those state laws which ran counter to federal statutes were to be voided.

15. 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

16. 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.”

17. 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

18. Bill of Rights 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.

19. 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.

20. 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”)

21. 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

22. 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

23. Powers of the President • 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

24. 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

25. 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

26. 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

28. Insert appropriate words: 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.

29. Answer key • 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.

30. limited, supreme, theory, rights, powers, executive, constitution, agreement • The American ____________________ of 1789 was a product of the 18th century political_______________, especially the ideas of John Locke. Government should be _______________, Locke said. It was an _______________ freely made which could be ended under certain conditions. The ______________ of man which came from nature or God were ___________________ and to be encouraged. Separation of ______________ was one of Locke’s ideas, so it was clear that the new constitution would include three branches of government – legislative, ________________ and judicial.

31. Translate the following: 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.