American Government

1. American Government Unit 2

2. Lesson 12pages 85-90 How did the delegates distribute powers between national and state governments? • Objective: Describe the major powers and limits on the national government, the powers that were specifically left to the states, and the prohibitions the Constitution places on state governments.

3. What powers did the national government have over state governments and the people? Article 1 Section 4: • Grants state governments the power to decide the “time, manner and places” of elections for senators and representatives. Article 1 Section 8: • Congress gets the power to set a procedure for calling the militia into national service. • To execute laws. • Suppress insurrections • Repel invasions

4. What powers did the national government have over state governments and the people? Article 4 Section 3: • Congress has the power to create a new state. Article 4 Section 4: • Gives the nat’l gov’t the authority to guarantee each state has a republican form of government. • Requires the nat’l gov’t to protect the states from invasion or domestic violence.

5. What powers did the national government have over state governments and the people? Article 6 Section 2 • Supremacy clause- makes the Constitution and all laws and treaties made by Congress the “supreme law of the land”. Also, judges in state courts must follow the Constitution, or federal laws and treaties, if there in a conflict with state laws.

6. What limits did the delegates place on national government? • National gov’t may not suspend the writ of habeas corpus “unless when in cases of rebellion or invasion – the public safety may require it” • May not pass ‘ex post facto’ laws or bills of attainder. • May not suspend the right to trial by jury in criminal cases • Article 3 Section 3 strictly defines treason. Must follow this definition to convicted

7. What limits did the delegates place on national government? Other limits to protect rights of public officials: • Members of congress cannot be arrested “during attendance at the session of their house unless for treason, felony or breach of peace” • No religious test to hold national office. • Art 1 Sec 9 – Impeachment clause – right to a fair trial. • National gov’t cannot take money from treasury without an appropriations law. • Grant NO title of nobility.

8. What limits did the delegates place on state governments? Mostly Article 1 Section 10: States cannot: • Coin money • Pass laws that enable people to violate contracts • Ex post facto laws / bills of attainder • Treaties w/ foreign nations or declare war • Titles of nobility • Duties on imports or exports • Keep troops or ships of war during peace • Article 4- discriminate against citizens of other states • Refuse to return fugitives back to their states

9. How did slavery affect the distribution of national and state powers? • Many opposed slavery- many states were taking the steps to abolish it. • James Madison “thought it wrong to admit in the Constitution that there could be property in men.” • NC, SC, GA- if the Constitution interfered with slavery they would form their own confederacy.

10. How did slavery affect the distribution of national and state powers? Compromising: • Article 4 Section 3 Clause 2: “fugitive slave clause” • Had to return escaped slaves to their states • Could only import slaves until 1800 (ended the international slave trade).

11. What issues did the Philadelphia Convention leave unaddressed? • Slavery • National citizenship- left to states • Voting rights- state laws on who can vote • Didn’t show clearly where national power ends and state power begins.

12. Finishing up! Reflection on Learning: • Write two things that you learned. • Write one thing that you already knew. • Write one thing that you want to know more about.