State’s rights and federalism

Séance 2: State’s rights and federalism

Articles of Confederation and perpetual Union: The representatives of the thirteen states agree to create a confederacy called the United States of America, in which each state maintains its own sovereignty and all rights to govern, except those rights specifically granted to Congress. Firm "league of friendship" = defending each other there, standards that the states should follow to help maintain good relationships.

- recognize the legal proceedings and official records of every other state, the rights of citizenship in any state. Help return runaway criminals.

- right to select and send two to seven delegates to Congress each year. One vote in congress, delegates for period of three years in any interval of six years. (Guaranteed the right to freedom of speech and are immune from arrest for most petty crimes.)

- not allowed to conduct relationships with foreign nations without the permission of congress. Not wage war, negotiate peace, raise an army or navy, conduct diplomacy, make an alliance with another state.

- right to make imposts on goods, but not interfere with foreign treaties. States must keep a local militia, and they may wage war if they need to quickly defend

- congress : deal with foreign nations, making war and peace, deal with native am affairs. Maintain standards of coins and measures, make the rules for the army and navy, and run the post office. Appoint a provisional Committee of the States to serve when Congress is not in session. Appoint other committees made up of civilians to help run the nation, and a president who can serve for one year every interval of three years. Determines the budget / publish it regularly. Provides troops.

First document to union the states. Problems with the articles of the Confederation: they create a very weak union; they still had a lot of sovereignty. It was supposed to be for the national defense.

Federalism : Union of States. It’s all about the division of power. In the United States the States have their own Constitutions, their own laws, they have a certain independence. Sthg federal is sthg central, national, US government.

History of federalism in the US:

> After the articles, Confederation (1783) : weak government, strong states. Federalists wanted new union (Adams, Madison, Washington) Founding fthrs : wanted gov to impose taxes cause a lot of debts and financial crisis coming. Wanted to put weight on the sovereignty of national gov, preserve order security and financial stability.

> Shays’ Rebellion : farmers against state gov Boston taxes : protest turned into rebellion, army to suppress the revolt, Federalists said it was emergency.

> 1787 : Philadelphia Convention to revise articles of Confederation (giving too much power to the states)

> Virginia Plan of J. Madison, called proportional representation ~ US Const°

> Anti Federalists made New Jersey Plan : taxation to national gov, and same amounts of senators for each states : as the Confederation congress : not equal.

> Great/CT Compromise: bicameral, (upper house: equal representation and lower house: proportional representation : representatives) strong judiciary and strong national government

> Slavery : southern states with a lot of states, smaller free population, wanted to count the slave population for proportional representation. Not for the northern states: Three-fifths Compromise : every slave counted as 3/5 pers.

> After the convention, the ratification of the constitution : debates between federalists and anti federalists in articles : The Federalist Papers, in favor of a strong Union and new Constitution. Anti said it would create distant central power divorced from local needs, opposed to a strong executive. New Constitution created in 1787, ratified in 1788.

> federalism reflects constitutional spirit of 1787 and the English constitutional tradition that motivated the Americans to seek independence. The separation of powers granted by the constitution testifies. The power was checked and balanced, new vertical dimension to the separation of powers.

McCulloch v Maryland 1819

National Gov created a National Bank (BUS) with branches in all the different states. It was seen like concurrence by the states (Maryland). McCulloch refuses to pay the tax. When depression in 1818, states banks blamed BUS, Maryland imposed tax on any bank not chartered within the State. Cashier of the branch of Baltimore refused to pay the tax, was sued (McCulloch). Does the federal government have the power to create a national bank? Yes (necessary and proper clause of Article I Section 8) can pass law for execution of powers. Related to the powers to tax, borrow and regulate. Does maryland have the power to tax the national bank? No. What gives the Federal Government power? The people grant the powers to the gov, it emanates from them (created the C°), and not from the States, for their benefit, the tax was against the people, it was a levy against them. Case reaffirms the constitution.

Séance 3 : The Powers & Limits of the Federal Government

7 articles in the Constitution.

Preamble : all the C° follows the preamble, strong union, not strong states.

Article1 : Legislative branch : Congress established in 2 entities : Senate (2 per state), House of Representatives (proportional representation).

Section 8 is really important : enumerates all the powers of the Congress : commerce clause (regulate commerce with foreign nations and the several states, interpreted broadly by the Supreme Court), necessary + proper clause (elastic clause) : implied powers to make all law into execution. Common Defense / Coining money! Banks allow you to load money. Congress have the power to coin money and regulate commerce so they have the power to create a bank.

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