PG 83 Questions

5. The states legislatures must be in ¾ majority agreement of the constitution to ratify it. The Congress itself cannot ratify it.

6.  It is exemplified by the process. Congress usually proposes the amendment, but in one way or the other the states have to approve the amendment. Congress cannot approve it. Then the Congress inserts it into the Amendments.

7. The 1960s were a time of unrest. The recent civil rights actions brought the ERA into the spotlight. More rights and equality were being proposed and the ERA fight right in with that agenda.

8.  Setting deadlines on anything adds a sense of urgency to the issue. It forces the states to make choice, rather than dallying on forever.

Constitution Questions

1) What is the structure of the Constitution.  Briefly describe each section:

a. The preamble/intro – says why the Constitution was written & listed six goals for the gov.

            b. Seven articles – describes general topics/rules

            c. Amendments – some were written at time, but many have been added

2) What are the six major principles of government?  Describe each.

            - Popular Sovereignty – this means rule by popular vote ie the people

            -Federalism – power of government is divided between the state and federal government

-Separation of Powers – each branch of the gov. is responsible for different powers/responsibilities

- Checks & Balances – allows all three branches of government to control each other, making sure one branch doesn’t gain too much power

-Judicial Review – the court system can make a law/action unconstitutional, which means void

-Limited Government – the Constitution is theoretically supposed to limit the powers of government, anything not in the constitution is essentially illegal

3) How does the Constitution divide the powers of the federal government?

-The Executive Branch contains the president, can veto laws and appoint Supreme Court Judges

            -The Legislative Branch holds the Congress and can make laws and declare war

-The Judicial Branch has the power to declare laws invalid and can suggest impeaching a president

4) What role do the federal courts play in checking the power of the legislative branch?

-The Supreme Court can declare a law unconstitutional, which makes it void because the constitution is the ultimate law of the land.

5) Why do you think the Founders provided that the President and Congress be elected but the federal judges to be appointed?

-The founders attempted to ensure that the court system was fair and unbiased. There is only one president to get into trouble, but there are (now) 100 Senators. The probability alone describes the likelihood of trouble arising in each position.

Constitution Compromises

1)   Who were some important individuals at the convention.

a.     James Madison

b.     B. Franklin

c.      James Wilson

d.     Gouverneur Morris

e.     G. Washington

f.      A. Hamilton

2)    Who were the delegates?  What did they have in common?

a.     Wealthy, white, politics-experienced men

b.     Experienced & Educated

3)   What were the key agreements?

a.     Limited and representative government

b.     Limit power of states to not coin money, interefere w/ creditors’ rights

c.      National government should be divided into three branches

4)   Compromises - briefly outline or explain the following compromises:

a.     The Virginia Plan     

                                               i.     Presented the idea for a legislature w/ two houses, a single national executive, national judiciary promoted by the legislature

                                              ii.     Complete plan made the Virginians more able to control hoe the session went

                                            iii.     Large sates favored this

b.      The New Jersey Plan

                                               i.     Based on keeping the unicameral legislature ie one vote per state

                                              ii.     Small states favored this

c.      The Connecticut Compromise

                                               i.     Suggested the two house legislature with one house based on population and one with two members from each state

d.     The 3/5 Compromise

                                               i.     Southern states wanted the slaves to be counted as people for numbers, but not for taxes

                                              ii.     Northern states wanted the opposite

                                            iii.     Compromise: a slave equals 3/5 of a person

e.     The Slave-Trade Compromise

                                               i.     Southern states didn’t want Congress to control trade since they were heavily invested in slaves and exports

                                              ii.     Compromise: Congress could limit/control interstate and foreign trade; the Congress couldn’t ban slave trading until 1808

f.      The Slavery Question

                                               i.     Some states were phasing out slaves, these knew the Southern states wouldn’t ratify a constitution banning slavery

g.     The Electoral College and Presidential Term

                                               i.     The electoral college would elect the president because the Congress didn’t trust the people to vote for the “right” person

                                              ii.     Federalists wanted a longer presidential term, state right advocators wanted a shorter term, they came to the agreement on a four year presidential term

h.     What was the Anti-Federalists strongest argument?

                                               i.     They claimed the constitution was made in secrecy ie extralegal

                                              ii.     There was no Bill of Rights

i.       Who wrote the Federalist papers?

                                               i.     John Jay

                                              ii.     Alexander Hamilton

                                            iii.     James Madison

Influences on Early Colonists

            The beginnings of American self government was present due to necessity and desire combined. The colonists considered themselves English and drew many ideas from what they already knew, including the English Bill of Rights and the Magna Carta.

            The logistics of governing a people from across the Atlantic Ocean is not easy by any means. Letters took months to arrive at the New World. Plus, the nobles and king often had little idea of how life in the colonies was. This lack of understanding and delay in communications made self-government necessary. One of the earliest legislative councils set up was the House of Burgesses. The men of the colony elected the men on the council.

            The philosopher John Locke, a popular writer at the time, heavily influenced these colonists. The educated men of Jamestown had read the liberal Locke and many were taken by his ideas of individualism and self-government for a happy life.

            Two documents from an earlier time in England were very influential on the colonists. As English citizens they were of the opinion, despite geographical location, that the writings applied to them. The Magna Carta was a contract that made the King follow certain rules pertaining to the treatment of his subjects. It gave them rather more control in the government by way of representatives. The English Bill of Rights was a more personal document in the way it directed the individual people of England. It bestowed undeniable rights to common everyday people. The goal of this was to make sure nobles and future monarchs couldn’t abuse their power on people less influential.

            The people of the early colonies found ways to establish a powerbase and a way of doing things that benefitted them, rather than England as a whole.  They gained their ideas from the previous free thinkers and events in their own history.

3 Branches of the US Government and Their Powers and Checks

1. Executive Branch - the President and his staff (the Vice President ECT.)
1. Powers
1. Able to veto any law passed by Congress
2. Able to sign legislation into law
3. Officially the Commander-in-Chief of the Armed Forces
4. Head of State 
2. How he is kept in place
1. Congress can override the President if there is a 2/3 majority
2. Supreme Court Judges can ovverule a law if they declare it unconstitutional
2. Judicial Branch – the Supreme Court
1. Powers
1. Able to override any law if they deem it unconstitutional
2. Method to be kept in place
1. They are elected by the President and confirmed by Senate
2. Can be removed from office by the Congress
3. Legislative Branch – Congress IE Senate & House of Representatives
1. Powers
1. Can enact Legislation
2. Can declare war