Discuss how the difference and similarities between the Virginia Plan &the New Jersey Plan. How did they differ in regard to the kind of national government that each envisioned ? The two plans of government reflected differing philosophies with respect to the power and organization of the national government. While both plans suggested the separation of power into three different branches of government, the composition of those branches (legislative, judicial and executive) varied according to each of the plans.
In the New Jersey Plan, the legislative branch would consist of one house (unicameral) with each state having equal representation in the congress. This notion favored smaller states (by population) since each state under this plan would have equal authority regardless of population. The Virginia Plan, on the other hand, called for a bicameral (two-house) legislature, with both houses having representation based on the population of the state represented.
This arrangement would have the effect of making the legislature more directly accountable to the majority, but would minimize the influence of less-populous states. In both plans, the legislative branch held most of the power, including the right to tax, appoint members of the other branches, and regulate trade. The New Jersey plan, however, was seen as a reiteration of the weakness of the Articles of Confederation, in that the state-by-state nature of representation would cause regional rivalries to supplant a unified national interest.
In contrast, the Virginia Plan represented a notion of a single unified nation with less emphasis given to the differences among the various states. What powers and responsibilities did the U. S Constitution give the national government in relation to the states and to the states in relation to the national government? Be specific. In the U. S. Constitution, the founders were careful to balance the prerogatives of both the state and federal government.
Where the Constitution enumerated powers, it did so in three basic categories: enumerated powers, those which the federal government had specific rights to exercise, reserved powers, those which the States had specific rights to exercise, concurrent powers, which both state and federal governments could exercise and denied powers, which were those rights forbidden to both states and federal governments. Powers granted the federal government included the right to regulate interstate commerce, coin money, ratify treaties with foreign powers, borrow money on behalf of the United States, establish federal courts (inferior to the U.
S. Supreme Court) and to raise and maintain armies and declare war. These rights are listed in Article 1, Section 8 of the U. S. Constitution. Powers reserved to the states, according to the tenth amendment to the U. S. Constitution include any power neither granted to the Federal Government, nor denied to the states explicitly in the U. S. Constitution. Concurrent powers are those that can be exercised by both the federal and state governments, such as taxation. Denied powers include all of those items which the Constitution explicitly states that neither the federal, nor the state governments can execute.
These include items such as denying Habeas Corpus, passing bills of attainder or ex post facto laws, taxing exports, or suspending individual rights (from the Bill of Rights and incorporation case law) without due process. Define and discuss federalism . Be sure to include in your discussion, a definition, historical examples of and the idea of dual federalism. Federalism is a form of government in which regional, state and local power is shared with the power held by the national government.
One of the unique characteristics of the U. S. Constitution is the effort that was made therein to balance the authority of the national government against the local interests of the states and municipalities therein. The balance derived from the conflict between those who decried the impotence of the federal government under the Articles of Confederation (the first form of government for the U. S. ), and those who worried that a “distant” federal government could not properly see to the interests of localities. The U. S.
Constitution reflects an attempt to balance these concerns by dividing power between federal and local authority, and providing representation on the basis of both population and statehood. The notion of Dual Federalism takes this balance a step further by offering that the government itself is both state and federal, and those two aspects are co-sovereign. This notion is reflected in the fact that the Constitution calls for state participation in all aspects of its structure, and further reserves authority for the vast portion of governing to states and municipalities. One example of dual federalism is the structure of Congress.
Congress, which wields a large amount of power, including the ability to declare war and negotiate peace, borrow and coin money and impose taxes, is constructed on the basis of state and local representation. The upper house of Congress (the Senate) is composed of members selected by the state legislatures (this was changed by the 17th Amendment to direct elections by the states). The lower house (House of Representatives) is elected in districts based on population, however, the drawing of those districts, and the conduct of those elections, are under the authority of the various states.
A second example of dual federalism is the participation of the states themselves in the election of the executive. Each state is responsible for producing the electors who actually pick the President in December of election years. Both the selection of the electors themselves, and the elections that designate which electors are to be sent are done under the rules and regulations of the various states. A final example of dual federalism is the process by which the constitution itself may be amended.
The process involves not only the federal government (in the form of Congress), but also state constitutional conventions, and ratification entails a ? majority of the states. Identify the following terms. Be as specific as possible : New Jersey Plan: A proposed form of federal government presented to the Constitutional Convention by William Patterson of New Jersey. Otherwise known as the “small state” plan, this formula outlined a congress wherein a unicameral legislature composed of representation in equal parts for each state contained a vast majority of Federal power.
Members from larger states by population had a problem with this plan in that it negated the weight that a state with a higher population might yield in congress. The large state countered with the Virginia Plan, which composed congress of a body of elected representatives whose number was based on the population of the state wherein the districts were contained. Connecticut Compromise: Proposed by Roger Sherman of Connecticut to the Constitutional convention, this plan represented a combination of the small-state and large-state proposals for the legislature.
It proposed a bicameral legislature with one house represented by population, and the other with two representatives per state irrespective of population. In order to enforce the underlying notion of popular sovereignty, the “people’s house” (House of Representatives) obtained the ability to originate all appropriations bills. (The Power of the Purse) The Enlightenment : The intellectual movement that dominated Europe on 17th and 18th centuries. It’s thinkers adopted a humanist philosophy that indicated that mankind was both the author and the resolver of its own problems.
Enlightenment thinkers such as Locke, Rousseau, and Montesquieu contributed to the philosophical underpinnings of American Government as reflected in the Constitution and other founding documents. From Locke, Jefferson adapted the notion of inalienable rights and the social contract. Montesquieu proposed that a government ought to separate the wielders of various powers and provide checks and balances to avoid any one part of government from taking too much control.
Albany Plan: Proposed by Benjamin Franklin in 1754 as a way to unify the colonies during the French-and-Indian war, this plan of government was the first attempt to unify the colonies for a common purpose. It was roundly rejected at the time, but became the basis for the Articles of Confederation, and planted the seeds of the notion of a unified set of colonies which would eventually germinate to become the United States. Implied Powers: In Article 1 Section 8 (Clause 13) of the U. S.
Constitution, Congress is granted the power to pass laws that are “necessary and proper” for the execution of its enumerated prerogatives. This clause has been interpreted to mean that Congress has implied powers beyond those listed out in the Constitution. The so-called “elastic clause” has been used to legally justify the Congressional creation of a National Bank, and a United States Air Force, among other things. Full faith & credit clause : In Article 4, section 1 of the constitution, the “full faith and credit” clause of the U.
S. Constitution guarantees that each state respects the public acts, records and judicial rulings of the others. As a practical matter, this means that civil contracts (such as marriages) that are executed in one state, must be honored in all the others. Enumerated powers : This term refers to those powers that are expressly written in the Constitution for either the federal government or the states. In the case of the federal government, most of these powers are listed in Article 1 Section 8 of the U. S. Constitution.
They include the power to regulate interstate commerce, Declare war, and coin money. Extradition : This term refers to the removal of a criminal suspect from a state to the state where he or she faces criminal charges. Article 4 Section 2 Clause 2 of the U. S. constitution guarantees extradition rights for fugitives who have been accused of felony, treason or other crimes. Common Sense: This is the title of a pamphlet authored by Thomas Paine that used simple language to explain and justify the effort of the U. S. colonies to break from England.
Issued in 1775, this pamphlet is credited with generating a popular mandate to fight and win the American Revolution. Lord of the Flies : Authored by William Golding in 1954, this is a novel that describes an attempt by stranded boys to create and develop their own government out of a “state of nature. ” The message of this book is that such an attempt, made without the influence of a Judeo-Christian God, is doomed to failure. This can be considered a counter-argument to the ideals of the enlightenment, which place the destiny of mankind’s rule in the hands of man himself.