Teaching guide 9 (2016)Ejercicio Inglés
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Teaching guide 9.
María Llanos Teaching guide 9. The federalist option: the US model and the process of European integration from the Westphalia Treaty to the Hague Congress of 1948.
Articles of confederation. It was an agreement among all the thirteen colonies that served as its first constitution. Its ratification was finally completed in early 1781. The Articles provided a system for the Continental Congress to direct the American Revolutionary War. It allowed for the representatives of all the states to meet and discuss issues of shared concern and, when appropriate, to approve measures binding upon all of them. However, it did not include any viable institutional mechanism to implement and enforce those measures.
Federal Debate. It was the debate emerging in the United States after the Shay Rebellion of 1786, with advocated of a much stronger union and others defending the current system under the Articles of Confederation. Among the people supporting a greater union was George Washington, who thought that the lack of a strong union was leading the country to anarchy.
Finally it led to the drafting and ratification of the Constitution of 1787, which established a more solid Union under the rule of a powerful Executive, headed by a President.
Shay Rebellion. It was an armed uprising, taking place in 1786, of farmers determined to abolish the courts which had ordered the execution of the mortgages on their properties. It took the name of Daniel Shay, who was a veteran of the Revolutionary War who had lost his farm when it was impossible for him to pay off his mortgage debt of 12 dollars. So desperate, he mustered a group of farmers who were facing the same situation and formed an armed band, heading to the Supreme Court and paralyzing the session of the court.
Constitutional Convention. It was the convention aimed at establishing a new constitution for the US, thus reforming the Articles of Confederation. The first meeting was to take place in 1786 at Annapolis, but most of the delegated did not attend, so a second meeting was held in Philadelphia from May to September of 1787, with George Washington as its president. In it, it was decided that the central government should have the authority to levy taxes, regulate commerce between the states, and handle the country’s foreign policy. Then, the state lost their right to print their own currency, sign international treaties, and to establish import or export tariffs. Also the new central power would be empowered to maintain an army and a navy.
Presidential system (vs. Parliamentarian system). The presidential system has a strong executive power, which is not controlled by the Parliament and is directly elected by the people, while in a Parliamentary system the strong power would be the Parliament, as it is the one controlling the Executive power and electing the President. Besides, the Presidential system is characterized, at least in the US, for the President being at the same time the head of state and the president of government, whereas in the Parliamentary system we have a president of the government in charge of governing and a different head of state with just representative powers, whether it can be a king or a president of the republic.
Great Compromise for the US. It was the compromise reached by the states in order to grant a fair representation for both smaller and larger states. It consisted on a bicameral legislature consisting of a House of Representatives to which each state would send delegates based on population, in such a way that the larger states would have more representatives; and a Senate 1 Teaching guide 9.
María Llanos in which all the states would have two senators, thus being fairer for the smaller states. Both chambers would comprise the US Congress.
Legislative branch (Congress). It is one of the three powers of the state: legislative, executive, and judicial. In the US, it is the Congress, which is formed by the House of Representatives and the Senate. As the representatives are elected by the people, they are beholden to the people’s will, and had to cooperate to make decisions that reflected it. Both the Legislative and the Executive branches play key roles and check each other, thus guaranteeing that there will be no tyrannical concentration of power.
Judicial Review. It is the principle that gives the judicial authorities the power to analyse whether legislative and executive actions are compatible or not with a higher authority, as the terms of a written constitution. If they deemed the action has been non-compatible, they may invalidate it. This principle is the basis allowing for the checks and balances in the separation of powers system.
Northwest Ordinance. It was the law issued in 1787 regulating how the new territories would be brought into the union as new states. It was approved on 13 July 1787, prior to the 1787’s constitution. It was an extension of the Land Ordinance of 1785, and established the principles that the new states, prior to achieving statehood, would be required to first pass through a provisional status as “territories”, during which they were to satisfy a series of conditions. Once organized the territories were to petition Congress for entry as new American states, a status which would place them on equal footing with all the others.
US Constitution. It was the document arising after the Constitutional Convention of Philadelphia, which took place between May and September of 1787, and which looked for reforming the Articles of Confederation in order for the US to achieve a greater union. It established that the central government has the authority to levy taxes, regulate commerce between the states, handle the country’s foreign policy, and maintain an army and a navy. It also established a federal state, with a strong executive power, and a Congress made up of the Senate and the House of Representatives, having both chambers different representation patterns so it would be fair for all the states making up the union. It finally was passed on 17 September 1787, coming into effect on 4 March 1789. It has been into force until nowadays, when, along with its amendments, it is the current US Constitution.
Bill of rights (1791). It was a compound of 12 amendments approved by the House of Representatives and the Senate that were to be appended to the US Constitution, although at the end only 10 of them were ratified. They supposed a limit on federal power, as people’s fundamental rights and liberties were protected from the federal government. However, this protection did not apply to each state government, which could legislate within its jurisdiction without taking them into account.
Amendments. It is an instrument through which a constitution or founding document can be adapted to address new circumstances. This procedure has made possible for the US to address a series of legal and governmental questions, resolving them through the incorporation of new amendments to their constitution, yielding the 27 they have nowadays. The first amendments were the Bill of Rights, which consisted on 10 ratified amendments aimed to make possible the ratification of the US constitution of 1787.
Marbury vs Madison. It is a case, dating of 24 February 1803, which established the principle of judicial review, according to which the Supreme Court could declare any law unconstitutional 2 Teaching guide 9.
María Llanos and suspend its enforcement. In it, the Chief Justice of the Supreme Court, John Marshall, asserted the Supreme Court’s function as the supreme interpreter of the federal Constitution, something that would take root over time. This verdict proved decisive in the construction of the federal regime, and helped the separation of powers system through turning the judicial branch into the “referee” determining the constitutionality of government’s actions.
Missouri Compromise (1820). It was an agreement between the states forming the US in 1820 and the states of Maine and Missouri, which wanted to join the union. In 1819 Missouri wanted to enter the union as a slave state, which would have upset the balance between the number of slave and free states reflected in the federal institutions, especially in the Senate, as there had to be the same number of free and slave states. So to resolve the issue, they decided to allow Missouri to join as a slave state while Maine would join as a free state. Besides, they settled that slavery would be banned in all future territories north of the 36º 30’ latitude line, and that slavery would be prohibited north of said line. It made possible the incorporation of six states, three slave and three free, but only was respected until 1845, when Texas joined the union as a slave state alone, without a free state entering at the same time, thus breaking the Compromise.
American War of Secession. It was the civil war taking place in the United States between 1860 and 1865, and confronting the northern-free states with the southern-slave ones while President Abraham Lincoln was in power. The separatist movement spread quickly and in February 1861, delegated from seven states met in Montgomery (Alabama) to found a new union: the Confederate States of America. In the meantime, Lincoln took advantage of the outbreak of the Civil War to facilitate the creation of new free states. The Civil War ended with the victory of the federal forces, which made it possible for future territories to be brought in as states according to the 1787 Northwest Ordinance system.
Obamacare. It consists of two health system reforms, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act, which established universal medical coverage in the US from 2010 onwards. It constitutes a landmark decision in the history of the welfare state in the US, as for many years this reform was tried to accomplish but it had not triumphed.
Holy Alliance. It was an alliance between the monarchs of Russia, Austria and Prussia. It provided for the legitimation of power that had been in force during the Ancien Régime, and tried to erase the belief that the people instead of the king constituted the nation. It provided for those powers the capacity to meet and decide whether to act or not in other European countries in order to prevent the advent of a new revolution.
Metternich System. It was the system established after the Congress of Vienna of 1815, named after his pioneer, Klemens Wenzel von Metternich, the Foreign Minister of the Austrian Empire at that time. It was a system based on counterweights, with the four main European powers safeguarding the order established by themselves over Europe, even intervening if they deemed it to be necessary.
Wilson’s 14 points. It was the speech gave by US President Woodrow Wilson to the United States Congress on January 8, 1918, stating principles for world peace. These Fourteen Points were to be used in the peace negotiations that were to end the First World War, and are usually divided into three categories: diplomatic issues, territorial issues, and the creation of the League of Nations. In this speech he also stated the so-called “principle of national self-determination”, which would have huge consequences as to the independence of several territories and in the causes of the Second World War.
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María Llanos Treaty of Versailles 1919. It was signed on 28 June 1919 in Versailles, France, and put an official end to World War I. It declared Germany as the sole guilty of the War, and imposed on it hard repayment measures to the winning powers (France and UK), and territorial loses, especially concerning Alsace and Loraine, which went back to France, as well as the banning of a professional army. It created resentment among the German population, and led the country to a crisis.
Principles of national self-determination. It was one of the principles outlined by President Woodrow Wilson in his Fourteen Points. In it, he argued that the new international order emerging after World War I ought to be based on a strict respect for nationalities, which meant that, in his opinion, states should coincide with “nations” in the sense of peoples or ethnic groups. So with this principle he wanted to ensure that minorities were able to gain statehood or achieve internal autonomy within the framework of a multinational state. The upshot of Wilson’s idea was that all those nations that were not independent states in 1914, obtained statehood after the collapse of Germany and the disintegration of Austria-Hungary in 1919.
Pan-European Movement. It was the first general movement aimed at integrating the nations of Europe. It emerged after the publishing of the book Pan-Europe, written by CoudenhoveKalergi, in 1923. In this book, he defended a union of European states to prevent the nations of the continent from succumbing to either Russian Bolshevism or American economic domination.
Above all, he argue that union was the only way for Europe to maintain its influence around the world. The movement omitted Russia and the United Kingdom, and took into account the resurgence of nationalism in Europe after 1919. Therefore, he advocated a formula that respected the sovereignty of nation states, reconciling national independence with an effort at regional international cooperation. He proposed a council consisting of delegates from different states, an assembly of delegates from the different parliaments, and a court of justice.
Briand’s Proposal. It was the first government initiative for a European unification, coming from the idea of France’s Minister of Foreign Affairs, Aristides Briand, in 1925. As he realized that the League of Nations was an instrument incapable of ensuring the peace, he considered it more pragmatic to back Franco-German political rapprochement within the framework of a united Europe. To this end, after the enjoyed the assistance of his German counterpart Gustav Stresemann, he made public his plans for a united Europe in a speech delivered on the League of Nations’ fall meeting of 1929. However, his ideas did not convince the other European states and finally nothing could be done, as European states wanted different things and paths, and as it advocated for a stronger political union, and not for an economic one.
European Third Reich’s “New Order”. It was the order prevailing in Europe during the early years of World War II, as Hitler managed to militarily dominate most of the continent. Although at the beginning he only wanted to assure the supremacy of the Aryan race and expand its living space essentially eastward, then he began to conceive the idea of placing the entire continent under the Third Reich. In order to do so, he installed small satellite and puppet regimes in neighbouring nations, with governments willing to do Germany’s bidding. In fact, Goebbels proposed forming a European Lebensraum that would encompass White Russia and Ukraine, in total aiming to occupy some 6 million square kilometres, home to 450 million people, and aiming at constituting an anti-Bolshevik Europe.
Franco British Union. It was the union between France and the United Kingdom, two rivals, during the World War II, starting on March 28, 1940. It seemed to be materializing when the French and British governments mutually pledged not to negotiate a separate armistice and to 4 Teaching guide 9.
María Llanos maintain, after the peace, a joint effort aimed at reconstruction. On June 16, 1940, the British government proposed the constitution of a Franco-British union to the French government, as it would be helpful to combat German hegemony and to establish a stable balance of power in Europe. However, government changed in France, with Marshal Pétain getting power and looking for an armistice, regardless of what the United Kingdom could say.
Benelux. It was the customs and economic union established between the countries of Belgium, the Netherlands, and Luxembourg on 5 September 1944, after many attempts at European integration. This was the only result of the negotiations, as Soviet authorities were opposed to any incorporation of Central European countries under Soviet control, and as the countries of northern Europe rejected any proposal for a union without Great Britain’s participation.
Dollar gap. It is the name given to the phenomenon that happened after World War II, as a result of the dire needs of the devastated Europe, in which the money almost vanished. As the top priority was reconstruction, the Americans provided Europe with material and financial aid.
However, the funds provided quickly evaporated given the dire needs of the devastated continent. In 1947, the exorbitant amount of 11.5 billion dollars practically disappeared.
European Recovery Program. Also known as the Marshall Plan, it was the American initiative to aid Western Europe to recover after the disaster of World War II, launched in 1947. To channel this aid, two organizations were created: the European Recovery Program, and the Organization for European Economic Cooperation, being the first one an American agency, and the second a European one. It made the different countries to unite and act in a coordinated manner in order to distribute the aid coming from the US, and helped to develop the idea of European cooperation and alliances, instead of the old rivalries system.
OEEC (OECD). It was one of the two organization created after the Marshall Plan of 1947, the Organization for European Economic Cooperation. Thanks to it, ministers from different countries ceased to deal with their national problems as something confidential that did not impact their neighbouring nations, and progressed in the establishment of priorities through negotiations. With time it has evolved into the Organization for Economic Co-operation and Development (OECD) we have nowadays, focused on the cooperation of 34 countries to coordinate their domestic and international policies.
Congress of The Hague. It was the first attempt at European integration, which took place in 1948, although it failed. In it, members of different European movements and states gathered, discussing what should be the model for the European integration: federal or of intergovernmental cooperation. As those people attending had no representative power over their states, no binding result could be achieved, and the two postures clashed: those advocating for a European federal state, and those arguing for an assembly made up of fundamentally autonomous states. So the only outcome of this Congress was the Council of Europe, formed by an Assembly and a Council of Ministers, thus taking into account both approaches to European integration.
Council of Europe. It was the body established on May 5, 1949, a year after the opening of the Congress of The Hague. It was formed by a Representative Assembly, made up of the European federalists, and a Council of Ministers, representing the will of the statists and being the embryo of a European executive power. An Assembly of 87 deputies was elected, in which large states had more representatives, but it was overpowered by the Council of Ministers, which exercised all power. After the failure of The Hague Congress, this Council remained as a Human Rights 5 Teaching guide 9.
María Llanos Tribunal after the signing of the European Convention for the Protection of Rights and Fundamental Freedoms in 1950.
European Convention for the Protection of Rights and Fundamental Freedoms. Signed in Rome on November 4, 1950, it came into force in 1953. Since then states may be legally reported to the Tribunal of the Council of Europe based in Strasbourg for human rights violations. Its rulings constituted since the beginning a moral reference point in the defence of fundamental freedoms and the consolidation of democracy, and are binding since December 1, 2009. They have progressively informed the acquis communautaire and laws of the member states.
B. General questions.
1.- The Articles of Confederation were the first constitutional document of the United States after its independence from the United Kingdom. They established a joint assembly, called the national Congress, in which the representatives of all the states met to discuss issues of shared concern and, when appropriate, to approve measures binding upon all of them. However, they did not include any viable institutional mechanism to implement and enforce decisions made by the Congress, something that ultimately rendered the union almost inoperative.
The American elites saw their weaknesses regarding the lack of a strong union, the possibility of states gathering power only for themselves, the necessity of uniform laws governing commerce, the uncertain condition of property, and the possibility of states issuing their own money. These weaknesses made the ruling classes to look for a tighter and stronger union, bound by a strong Constitution and Executive power, especially after the Treaty of Paris of 1783, recognizing the independence of the United States from England.
2.- The decisive event in the Federal-Antifederal debate was the Shay’s Rebellion of 1786, as it showed that the only way of avoiding anarchy to take hold in the United States was the creation of a strong executive power, capable of controlling the citizens in order to avoid more revolts as the Shay’s one. The only way to stop it was by an army recruited by the State of Massachusetts and financed by the farmers’ creditors, thus showing that a real and powerful army was lacking and needed. This event prompted George Washington to publicly argue that if the United States was to survive, it had no choice but to establish a strong federal government. The Federalists ended up winning over public opinion, thanks in part to the newspaper coverage of Shay’s Rebellion and other similar incidents, thus evidencing the need for a stronger union that would impede the state to end up in anarchy.
3.- When drafting the new US Constitution, the representatives of the different states decided to adopt some measures in order to give some guarantees to the anti-federalists, thus ceding in some points in order to avoid a dispute over the organization of the state, and establishing a district division of powers. The first measure was the composition of the Federal Congress, composed of two chambers: the House of Representatives and the Senate. In the House of Representatives, each state would send delegates based on population, but in the Senate all states would have two senators, thus guaranteeing that small states would have almost equal representation and creating a fairer system.
The second measure was the creation of a strong executive power in order to prevent a tyrannical concentration of power in the Legislative branch. Again with the purpose of avoiding more representation for the bigger states than for the smaller ones, it was established that the people of each state would choose electors (equal in number to the sum of their representatives 6 Teaching guide 9.
María Llanos in the House and Senate) who would actually vote for the president. All the states electors were required to vote for the candidate who had obtained the greatest number of votes in their state.
In addition, the Judiciary, represented by the Supreme Court, was set to become the interpreter of the federal Constitution, determining whether laws were constitutional or not, thus setting the principle of Judicial Review that guarantees no overpowering by the Legislative or Executive branches. The last guarantee given to the anti-federalists was the Bill of Rights, amendments introduced to the constitution, by which it was guaranteed that the federal government could not break the fundamental rights and liberties of the citizens, included in the Bill of Rights, although the states did not have the obligation of taking them into account.
4.- The Marbury versus Madison case was so important in the US Constitutional History as it helped to establish the principle of judicial review in the country, according to which the Supreme Court could declare any law unconstitutional and suspend its enforcement. So it gave the judicial branch the power necessary in order to be an effective arbiter in watching and guaranteeing that the executive and legislative branches were not overpowering their functions.
Thanks to this a political victory in congressional or presidential elections was nto sufficient to change the principles upon which the federal union rested, as the Supreme Court guaranteed that the government’s laws and measures were always in accord with the Constitution. Placing the founding document on the top of the legislative system, above the political melee, represented a great victory for the Federalists and a guarantee for all US citizens warranting that no one was to be above the law.
5.- After the independence from England and the Articles of Confederation, the Westward expansion of the US came to be regulated by the Northwest Ordinance of 13 July 1787. It forbid any of the 13 states to annex additional territory, and introduced the principle that the new states, prior to achieving statehood, would be required to first pass through a provisional status as “territories”, during which they were to satisfy a series of conditions. Once organized, the territories were to petition Congress for entry as new American states. Also it was established that in order to maintain the balance between slave and free states, for each new incorporation of a, let’s say, free state, a slave one would have to be incorporated at the same time. This division also affected the economy of both types of states, as the slave ones had an economy based on huge plantations, while the free states’ economy was characterized by free farmers, landowners, and workers engaged in mining and industry.
In 1819, Missouri aspired to enter the union as a slave state. To solve the ensuing crisis, the states reached an agreement: Missouri would be permitted to join as a slave state, Maine would join as a free state, and slavery would be banned in all future territories north of the 36º 30’ latitude line. This came to be known as the Missouri Compromise, which was respected until 1845. The situation shifted in that year, with the incorporation of Texas as a slave state, without its corresponding free state, and without respecting the 1787 procedure. A lot of state were then incorporated, and the balance was restored in 1848 with the annexation of Wisconsin as a free state. Then Carolina entered as a free state in 1850, making evident that the balance was unsustainable any longer. It was decided that each state would decide whether they wanted to be a free or a slave state, but problems had already began. Then, when President Abraham Lincoln was elected in 1860, states started to secede from the union, creating a new union: the Confederate States of America, and starting the civil war.
6.- The Metternich system, based on the Holy Alliance, gave the four powers (England, Russia, Prussia, and Austria) a common objective, which was to maintain order and peace in Europe, 7 Teaching guide 9.
María Llanos and guarantee the domination of the absolutist model of state, as if it assured that revolutionary movements would not spread in Europe. In order to meet their common objective, they pledged to meet regularly to discuss issues of common interests and to ensure the preservation of order and peace, even deciding whether to intervene or not, if they deemed it to be necessary for their goals to be achieved. So the Metternich system could be considered the forerunner of European integration because it gave the European powers of that time a common objective to work towards together. To achieve it, they acted jointly and in concert, though not to maintain a common economic policy, but to preserve the order they had established at the Congress of Vienna, thus countering liberals from all over Europe anxious to promote the nation-state.
7.- US President Woodrow Wilson proposed, in order for wars to be over, that nationalities ought to be strictly respected, which meant that, in his opinion, states should coincide with “nations” in the sense of peoples or ethnic groups. To this end, he advanced the principle of national self-determination to ensure that minorities were able to gain statehood or achieve internal autonomy within the framework of a multinational state. The Allies expressed, therefore, their sympathies with the fate of historically oppressed ethnic groups and acted to guarantee the resurgence of the nation-state at a time when this structure was inoperative at the global level, and a union of European states was indispensable for Europe to maintain its clout in the new would yielded by World War I.
The upshot of Wilson’s idea was that all those nations that were not independent states in 1914, obtained statehood after the collapse of Germany and the disintegration of Austria-Hungary in 1919. Consequently, the map of Central Europe became considerably more complicated and volatile. In fact, this policy of state creation did not only fail to resolve the problems, but in many cases actually aggravated them, as in Yugoslavia, Czechoslovakia, or Ireland.
8.- Coudenhove-Kalergi developed his ideas of Pan-Europe in his book Pan-Europe published in 1923. In it, he defended a union of European states to prevent the nations of the Continent from succumbing to either Russian Bolshevism or American economic domination. However, he omitted both Russia and the United Kingdom of the Union. He wanted to create an international organization that allowed Europe to maintain its place in the international sphere, but at the same time respecting the sovereignty of nation states, taking the example of the Pan-American Union. For him, the Pan-European authority would be equipped with a Council consisting of delegates from different states, an assembly of delegates from the different parliaments, and a court of justice.
However, Briand had a different vision on European integration, defending the establishment of a link between Europe’s states that would enable them to deal with serious circumstances together given the need to do so. It would consist on a political unification rather than an economic union, and would have a Study Commission in the interest of “European union”.
Nevertheless, as for each state European unification meant something different, nothing could be achieved, and Europe became more economically fragmented, and nationalism resurged, increasing international tensions.
9.- The Marshall Plan pushed for European integration because it was established that, for it to be applied, European states would have to organize themselves due to the fact that the help was going to be addressed to all of them as a collective, and not to individual states, thus creating the need for them to cooperate. So thanks to it, ministers from different countries ceased to deal with their national problems as something confidential that did not impact their neighbouring nations, and progressed in the establishment of priorities through negotiations, as 8 Teaching guide 9.
María Llanos the intention was for aid to be used by the European countries in a coordinated way rather than be allocated individually to specific countries for particular purposes. Besides, and because it was utterly rejected and opposed by Stalin, it was instrumental in cutting off Eastern Europe, occupied by Soviet troops, from Western Europe.
The splitting of Germany also pushed for European integration, as by splitting Germany the winning powers tried to prevent the resurgence of German nationalism and, therefore, a new war, as it had been one of the causes of the two world wars. So, in order to deal with the question of German resurgence, they adopted the strategy of pushing for a European identity, aimed at achieving a European Union which could gave Germans a new identity not based on nationalism but on a European feeling of belonging to the same place.
10.- The Congress of The Hague started on 8 May 1948 with the aim of achieving some kind of European integration. In it, two positions clashed: that of the federalists, calling for the creation of an economic and political union, and that of the statists, who preferred a model based on intergovernmental cooperation in which states would retain their independence and autonomy.
As the Congress was attended by members of various federalist movements from all different corners of European society, and not by representatives of Europe’s states, it could not impose any agreement on the states. They finally reached a compromise, deciding to create a Representative Assembly and a Council of Ministers, being this last one a European executive power, and forming both of them the Council of Europe. However, they failed to meet their objectives, as the Council of Europe proved no to be strong enough, with the Council of Ministers overpowering the Assembly, and thus transforming the Council into a forum for intergovernmental cooperation.