HIST 2610 1st Edition Lecture 4 Outline of Last Lecture I Dispute Resolution and Discussion of the Amendments Outline of Current Lecture The 5th Amendment The 6th Amendment The 7th Amendment The 8th Amendment The 9th Amendment The 10th Amendment Evaluating the Constitution Definitions Federalism Powers Denied to both National and State Governments Federal Government Obligation to States 2 General Theories Conservatives Vs Liberals Current Lecture The Amendments Continued The 5th Amendment The Due Process Clause The government must follow a certain set of procedures in order to approach a situation Takings Clause Private Property cannot be taken with only compensation If the government is a taking a home for legitimate purposes to build a road where it is located they can justify it by proclaiming it is for public benefit They can basically take anything if they decide it is for the public as long as the person is compensated The 6th Amendment Speedy Trial What is that Impartial Jury A jury will be selected from people who do not know the individual The idea is These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute to have a group of unbiased people AKA people who do not love or hate the individual Assistance of Counsel The defendant will have a lawyer to help them with their jury The 7th Amendment Civil Law Common Law A civil law is based on a dispute between two private people This jury will end in the result of no one going to jail and often one of the parties receiving a lot of money The 8th Amendment The idea that the consequence shall equal the crime What is cruel and unusual punishment It is interesting how punishment has changed over time People used to be drawn and quartered with the death penalty Today ti is the electric chair or a lethal injection Does the punishment have to be both cruel and unusual or can it be just one Why are the Amendments sometimes separated 9 and 10 are much more vague 9th Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people 10th Amendment State vs Federal power If the federal government is not given a specific power then that power is given to the states Evaluating the Constitution The bad things The Electoral College does not always work There are multiple instances where things are not clearly defined The constitution has changed a lot over time Women s rights Right s for slaves These things were not a part of the original Constitution The good things We have an army and are able to defend ourselves We have developed from a financial and economic standpoint Definitions Federalism Division of power between one general government and a series of subnational governments Ex some power is had in the central government Congress and also some in the state government Places that operate with a federal government Canada US Mexico Germany India Condederalisim Power is retained by subnational units Places that operate with a Confederate government Us under Articles European Union Unitary Systemm under which all authority is held under a single government Places that operate with a Unitary form of government Great Britain Japan Poland Spain relationships between state and local governments in the US Federalism Constitutional Powers of the National Governments Congress can only make decisions about going to war financial and monetary decisions and the necessary and proper clause which authorizes the government to pass laws related to its other powers Most of Congress power comes from the Interstate Commerce Clause When you see Congress exercising its power to do something that it doesn t seem the should have a right to do it is most likely and most often an Interstate Commerce Clause Constitutional Powers of State Governments Originally Congress was not given power to do these things but we see examples in history where we often see Congress involved Crime Control Marriage gay marriage Education no child left behind Control of local governments Concurrent power to tax and spend Powers Denied to Both the National and State Governments safeguards on individual rights Federal Government Obligations to States Territorial integrity Representation in Congress Protection Against Foreign and Domestic Violence Voice in Presidential Elections when you re voting for President you re voting for an elector who will take that information to the Electoral Vote Voice in Constitutional Amendment Process Federal Government Dual Sovereignty Two General Theories When you re thinking about Federalism you are thinking about balance of power This is Dual and Cooperative Federalism Dual Federalism sees the states as equal with the Federal Government There are certain powers that belong to the Federal Government and the rest belong to the state There is no interaction between either government Cooperative Federalism sees the states as being under the Federal Government The relationship between state and Federal Government is controlled by the Supremacy Clause Conservatives Vs Liberals Conservatives are generally for Dual Federalism AKA state and government equality Liberals are generally for Cooperative AKA States beneath federal government