American Federalism and Texas Part 1

American Federalism and Texas Part 1

Recap from Week 1

  • Origin and Nature of Government

  • Purpose of Government: Promote Public Good

  • Aristotle’s Inductive Argument

  • Definition of Politics

  • Types of Government: Importance of Producing Virtue

  • Legitimate vs. Illegitimate Government

Beginnings of American Government

  • Colonial Origins:

    • Settlers were religious dissenters and political/economic opportunists

  • Characteristics of Settlers:

    • Independent, self-reliant, strong-willed, and adventurous

  • Early Participatory Direct Democracy

  • Colonial Growth:

    • Political centralization began, leading to oligarchy and representative democracy

    • Long period of self-rule established foundations for governance

American War for Independence

  • New British Interest:

    • Needed taxes for ongoing European wars, especially against France

  • Real Revolution?:

    • No significant structural change; same people and form of government existed pre- and post-war

  • Factors for American Victory:

    • Political will stemmed from a long history of self-governance

    • Lack of British resolve and commitment

  • Articles of Confederation:

    • Recognition of colonial self-rule; states retained sovereignty, resembling a treaty rather than a government

The Constitution: the Real American Revolution

  • Motivation for Constitution:

    • Perceived dysfunction under Articles of Confederation: e.g., Shay’s Rebellion

    • Political leadership from elite statesmen

  • Unitary State vs. Federalism:

    • Unitary states: perceived stability

    • Federalism: viewed as unstable, potentially leading either to dissociation or unification

  • Tough Sell:

    • States convinced to surrender sovereignty amidst secrecy at the Constitutional Convention

  • Federalists vs. Anti-Federalists:

    • Federalists triumphed through effective leadership (Washington, Jefferson, Madison, Hamilton)

Historical Foundations of American Constitutional Theory

  • Christendom:

    • Synthesis of Jewish religion, Greco-Roman institutions, and Germanic leadership

  • Roman Imperial Move to Constantinople (c. AD 300):

    • Created power vacuum; led to the rise of papacy

  • Reformation:

    • Resulted from clerical corruption; antagonism between papacy and monarchs

  • Wars of Religion:

    • Created fatigue for religious uniformity; religion shifted to a private sphere

  • Enlightenment:

    • Renewed interest in Classical ideas; push for secular governance

  • Birth of Modern Nation-State

Social Contract

  • New Secular Legitimacy:

    • Foundation of government legitimacy based on popular sovereignty and public consent

  • Natural Law:

    • Principles inherent in nature that evaluate the legitimacy of laws

  • Thinkers:

    • Hobbes: Advocated for a strong sovereign to prevent civil war

    • Locke: Emphasized liberty over security; supported the right of revolution

    • Jefferson utilized Locke’s theories in the Declaration of Independence

The Constitution: the Document

  • Briefness:

    • Only limited grants of sovereignty ratified by states

  • Separation of Powers & Checks and Balances:

    • Created to prevent tyranny; promote balanced governance

  • Federalist Papers vs. Anti-Federalist Papers

  • Federalist No. 10:

    • Authored by Madison; discussed oligarchic and anti-democratic elements; favoring fewer representatives and large electoral districts

Constitutional Articles

  • Article 1 - Congress:

    • Lengthiest and most significant; reflected political realities of states

  • Article 2 - Presidency:

    • Established single executive; created Electoral College for nominations

  • Article 3 - Supreme Court:

    • Shortest; Congress controls design, membership, and jurisdiction

  • Article 4 - Relations between States:

    • Mandated full Faith and Credit

  • Article 5 - Amending the Constitution:

    • Difficult process; few amendments approved

  • Article 6 - Supremacy Clause

  • Article 7 - Ratification

Bill of Rights

  • Necessary for Ratification

  • Protected Freedoms exclusive to federal law

  • Amendments 9 and 10:

    • Maybe Anti-Federalists had valid arguments

Federalism: Constitution in Action

  • Dual Sovereignty/Constitutional Federalism: 1789-1860

    • First theory to adhere strictly to constitutional language

  • 10th Amendment:

    • Reserved powers for the states

  • Federalist Sale’s Pitch Tested:

    • Anti-Federalist warnings begin materializing

  • Court Cases:

    • Begin to demonstrate Federalist aspirations

McCulloch v. Maryland

  • Case Context:

    • National bank established in Maryland; state attempted to tax it

  • Constitutional Questions:

    • Can Congress establish a national bank?

    • Can a state tax a federal institution?

  • Findings:

    • Enumerated powers: coin money, borrow, and pay debts

    • Elastic Clause: Necessary and Proper

    • Supremacy Clause: states cannot tax federal entities

  • Net Effect:

    • Expansion of federal power; reduction of state authority

Gibbons v. Ogden

  • Background:

    • NY sought to grant a shipping monopoly on the Hudson River

  • Legal Context:

    • Interstate Commerce Clause used as a powerful tool for federal control

  • Net Effect:

    • Growth in federal influence; decrease in state power

Marshall Court vs. Taney Court

  • Marshall Court (1801-1835):

    • John Marshall: strong Federalist; pro-federal government: decisions fortified federal power

  • Taney Court:

    • Reaction against Federalist principles

    • Appointee Roger Taney favored states' rights; personally opposed slavery

Dred Scott v. Sanford

  • Context:

    • Case involved slavery and territorial expansion

    • Scott sued for citizenship after living in a free state; lost in court

  • Taney’s Decision:

    • Missouri Compromise deemed unconstitutional; denied African-American citizenship

  • Significance:

    • Inflammatory ruling; exemplified deep divisions over slavery

North vs. South: Prelude to Civil War

  • Cultural & Political Differences:

    • North: Urban, Manufacturing, Egalitarian, Progressive

    • South: Rural, Agrarian, Hierarchical, Conservative

  • Constitutional Ignorance of Divisions:

    • 3/5 Compromise as a temporary solution

  • Tariffs:

    • Benefited North, harmed South; sparked Nullification debates

  • Early Secession Talk:

    • Delayed by negotiations; escalated after Dred Scott decision and Lincoln’s election

Presidential Election of 1860

  • Political Landscape:

    • Transitioned party system: Republicans, Northern/Southern Democrats, Constitutional Union

  • Candidates:

    • Lincoln (abolitionist) vs. Douglas (neutral), Breckenridge (pro-slavery), Bell (opposed expansion)

  • Election Outcome:

    • Lincoln won decisively in the Electoral College; showcased regional voting patterns

    • Lincoln’s presidency prompted immediate Southern secession

Civil War

  • Significance:

    • Profound political event since the Constitutional ratification

  • Causes:

    • Lincoln’s intention for a national state; Northern material advantages vs. Southern military leadership

  • War Dynamics:

    • Attrition tactics; more than one million casualties

  • Result:

    • Concluded Dual Sovereignty Federalism; ushered in Early National Federalism